2. The defendant shall pay to the plaintiff KRW 2,480,00 and shall pay to the plaintiff full payment from May 30, 2013.

A. The Plaintiff was operated by the Defendant from March 15, 2013 to the same year.

5. Up to 15. Up to 15. Labor has been provided and retired, and the amount equivalent to the wages of 2,480,000 won has not been paid by the Defendant.

B. Accordingly, the Plaintiff filed a lawsuit identical to the purport of the instant claim against the Defendant (Jansan District Court 2013 Ghana 155903). On October 17, 2013, the said court rendered a decision of performance recommendation with the purport that “the Defendant shall pay to the Plaintiff the amount of KRW 2,480,000 and the amount calculated at the rate of 20% per annum from May 30, 2013 to the date of full payment.” The Defendant did not raise an objection despite receiving the original copy of the said decision of performance recommendation, and thus became final and conclusive as is, the said decision of performance recommendation became final and conclusive.

C. After that, on July 16, 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: Description of Evidence A 1 and the purport of the whole pleadings】

2. Whether the lawsuit of this case is lawful

A. Since the first instance court’s decision on performance recommendation exists with respect to the claims asserted by the Plaintiff, the instant lawsuit is unlawful as there is no benefit to protect the rights.

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.

Whether to allow a new suit based on the same subject matter as a final and conclusive judgment depends on the existence of res judicata.

The final decision on performance recommendation shall have the same effect as a final and conclusive judgment, and Article 5-7 of the Trial of Small Claims Act.