2. The Defendant shall pay to the Plaintiff KRW 3.67 million and its payment from August 31, 2012.

A. The Defendant, who is an individual entrepreneur engaged in the construction business, was employed by the Plaintiff, and the Plaintiff from June 30, 2012 to the same year.

8. Until the 16.16., the Defendant provided labor (i.e., wages of KRW 3.67 million (i.e., wages of KRW 207,700,000), which was not paid a total of KRW 3.67 million (i.e., wages of KRW 20. July 2012).

B. The Plaintiff filed a lawsuit against the Defendant seeking the payment of the aforementioned wage and the damages for delay thereof with this court’s 2013 Ghana73827. On May 10, 2013, the said court decided to recommend performance against the Plaintiff to pay the said wage and the damages for delay thereof, and the said decision was finalized on May 28, 2013.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. We examine ex officio whether there is a benefit to bring the instant lawsuit to the Plaintiff.

A. The decision on performance recommendation has the same effect as a final and conclusive judgment when there is no objection by the defendant against it, and the objection is dismissed or withdrawn (see Article 5-7(1) of the Trial of Small Claims Act). Since the plaintiff can enforce compulsory execution based on the original copy of the decision on performance recommendation established in the same lawsuit as the subject matter of this case, it is a matter of question whether there is no benefit in the lawsuit of this case

B. There is a benefit in filing a claim identical to the content of a notarial deed in order to obtain a judgment that has res judicata because a notarial deed only has an executory power and has no res judicata effect (see, e.g., Supreme Court Decision 95Da22795, 22801, Mar. 8, 1996). The final decision on performance recommendation also has an incidental effect such as the remaining effect, excluding res judicata, and the effect of legal requisite, among the effects of a final and conclusive judgment, and does not have to be recognized as res judicata effect (see, e.g., Supreme Court Decision 2006Da34190, May 14, 2009). The plaintiff is a legal action that is identical to the content of the final and conclusive decision on performance recommendation to obtain a judgment that