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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 3,832,00 as well as its full payment from April 8, 2014.
Reasons
1. Basic facts
A. The Plaintiff, under employment with the Defendant from September 30, 2013 to March 24, 2014, retired after being employed by the Plaintiff. The Plaintiff did not receive wages equivalent to KRW 3,832,00 in total, including KRW 2,822,00 in February 2014, and KRW 1,010,00 in March 2014.
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 2014Gaso96292), 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 3,832,000 and the amount calculated by the rate of KRW 20% per annum from April 8, 2014 to the date of complete payment” on July 22, 2014, and the Defendant did not raise an objection even after receiving the original copy of the decision of performance recommendation on July 25, 2014.
8.9. The above decision on performance recommendation was finalized as it is.
C. After that, on October 26, 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] The entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The instant lawsuit is unlawful, inasmuch as the determination of performance recommendation becomes final and conclusive on the same claim as the first instance judgment, and the ground alleged by the Plaintiff alone is difficult to view that there exists a new interest in litigation
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.