A. On February 1, 2015, the Plaintiff was employed by the Defendant, who runs a construction business, and served as an employee of the electrical ship until November 30, 2016, excluding April 2016 and July 2016. The Plaintiff’s wages were determined as KRW 2,50,000 per month between the Plaintiff and the Defendant. The Plaintiff’s wages were determined as KRW 50,50,000 per month. The Defendant failed to pay the Plaintiff the total amount of wages incurred during the period of service ( KRW 2,50,000 x 20 months), the Plaintiff’s unpaid wages amounted to KRW 50,00,000,000, including the unpaid wages amounted to KRW 50,000,000,000 from the Defendant on December 30, 2016, or the Plaintiff prepared a notarial deed by the end of March 2017, the Plaintiff’s pleadings can be acknowledged by adding the purport of the entire 31-19.

B. According to the facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from April 1, 2017 to the date of full payment, which is extended pursuant to the contract, with the total amount of accrued wages of KRW 50,000,000, and the due date extended pursuant to the contract, barring special circumstances.

C. The Defendant asserts to the effect that, as the Plaintiff prepared a notarial deed of a monetary loan agreement on unpaid wages, an executory title on the unpaid wages has been obtained, and that the due date has been extended on March 2017, the Defendant filed a complaint against the Defendant under suspicion of violation of the Labor Standards Act before the due date has been extended on March 2017, and not only filed a lawsuit seeking payment of KRW 50,000,000 for the unpaid wages, the Plaintiff’s claim cannot be

However, since a notarial deed has an executory power and has no res judicata effect, the plaintiff can file a claim included in the contents of the notarial deed in order to obtain a judgment that has res judicata effect, and the criminal liability due to the payment of wages is separate from the civil liability for which the payment of unpaid wages is sought.