2. The Defendant shall pay to the Plaintiff KRW 3,900,000 as well as the full payment with respect thereto from November 7, 2012.

A. The Plaintiff, under employment with a construction work, provided labor, and retired from office from office from February 12, 2012 to October 23, 2012. The Plaintiff did not receive wages equivalent to KRW 3,900,000 in total, including the monthly wage of KRW 1,50,000, September wage of KRW 1,500,000, October wage of KRW 10,000, and other money and valuables of KRW 400,000.

B. Accordingly, the Plaintiff filed a lawsuit identical to the purport of the instant claim against the Defendant while seeking the payment of unpaid wages (Lansan District Court 2013 Ghana68894), and the said court rendered a decision of performance recommendation with the purport that “the Defendant shall pay to the Plaintiff the amount of KRW 3,900,000 and the amount calculated at the rate of KRW 20% per annum from November 7, 2012 to the date of complete payment” on April 29, 2013, and the Defendant did not file an objection against the Defendant on June 8, 2013, even if it received the original copy of the decision of performance recommendation as above.

6. 25. The decision on performance recommendation became final and conclusive as is.

C. After that, on July 28, 2015, the Plaintiff filed the instant lawsuit against the Defendant with the same content as the final and conclusive decision on performance recommendation, and the first instance court dismissed the Plaintiff’s instant lawsuit on the ground that it is unlawful.

[Reasons for Recognition] Gap evidence No. 1 and the purport of the whole argument

2. Whether the lawsuit of this case is lawful

A. The decision of performance recommendation has already become final and conclusive with respect to the claim of the Plaintiff’s assertion of the first instance judgment, and it is difficult to deem that the Plaintiff has a benefit in the lawsuit to bring a lawsuit again, the instant lawsuit is unlawful.

B. Since a final and conclusive judgment in favor of the party has res judicata effect, the parties cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment.

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998). However, in the case of executive titles with executory power, and with no res judicata, a new suit may be instituted on the same subject matter of lawsuit as the executory power.

A final judgment, etc.