Korea Water Resources Corp. v. Chong Sung Lee

Korea Water Resources Corporation (Korea Water) appeals from a summary judgment in favor of Chong Sung Lee. Korea Water obtained a provisionally enforceable money judgment against Lee from a trial court in Korea, and then brought an action in California for recognition of the Korean judgment and to obtain an attachment on Lee’s assets in San Diego County. The California superior court initially ordered issuance of the attachment and stayed the California recognition action pending the outcome of appellate proceedings in Korea. After the Korea Supreme Court rejected the tort theory of liability underlying the Korean judgment and remanded the case to a lower appellate court for further proceedings, the California superior court granted Lee’s motion for summary judgment and discharged the attachment.

Code of Civil Procedure section 1713 et seq. sets forth conditions for California’s recognition and enforcement of foreign money judgments. Section 1713.2 states: “This chapter applies to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.'” (Italics added.) The issue presented…