1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,741,930 as well as its full payment from August 15, 2012.

1. Facts of recognition;

A. The Plaintiff is employed by the Defendant in the specialty “C” from June 13, 2012 to the Defendant.

7. Until 31. The defendant provided labor, which did not receive total of KRW 2,741,930 from the defendant.

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 Ghana57696. On April 9, 2013, the said court decided to recommend performance against the Plaintiff to pay the said wage and the damages for delay thereof. The said decision was finalized on April 26, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 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final and conclusive judgment when there is no objection by the defendant against it, and the objection is dismissed or withdrawn (see Article 5-7(1) of the Trial of Small Claims Act).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 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 has a legal interest in filing a claim identical to the content of the final and conclusive decision on performance recommendation in order to obtain

3. Determination on the cause of the claim.