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(영문) 대전지방법원 2016.09.08 2016나3995

임금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

Plaintiff

A From December 17, 2012, and from February 14, 2014 to February 16, 2014, Plaintiff B and C provided labor as a daily employed worker employed respectively by the Defendant. However, the Defendant did not pay the Plaintiff’s wages of KRW 3,750,000 (monthly 1, 3, 2014, February 2014), Plaintiff B and C’s wages of KRW 240,000 (monthly 2, 2014).

The Plaintiffs filed a lawsuit against the Defendant seeking payment of the aforementioned unpaid wages and damages for delay thereof, as the Daejeon District Court 2014 Ghana69550, and the said court rendered a decision of performance recommendation to the Defendant on August 13, 2014. The said decision became final and conclusive on November 28, 2014.

[Based on the facts without dispute, Gap evidence No. 1, Gap evidence No. 2, and the purport of the entire pleadings, ex officio determination as to the legitimacy of the lawsuit of this case as to the legitimacy of the lawsuit of this case, the plaintiffs filed a second suit to use a small amount substitute payment system under the amended Wage Claim Guarantee Act (Act No. 13047 and hereinafter the "Revised Wage Claim Guarantee Act"), which came into force on July 1, 2015. In light of the following circumstances, the lawsuit of this case is unlawful because it is not possible to recognize the benefit of protection of rights, even in consideration of all the claims of the plaintiffs.

In case where a party against whom a final and conclusive judgment in favor of one party in favor of one party in a lawsuit again files a claim identical to the previous suit in favor of the other party in a final and conclusive judgment, as a matter of principle, the subsequent suit is unlawful as there is no benefit in the protection of rights. In exceptional cases where it is obvious that the ten-year lapse period, which is the period of extinctive prescription of a claim based on a final and conclusive judgment, has expired, there is benefit in the lawsuit only under special circumstances, such