1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 1,320,00 and shall pay to the plaintiff full payment from September 28, 2012.

1. Facts of recognition;

A. The Plaintiff was employed by the Defendant established for the purpose of shipbuilding, etc., and provided labor on behalf of the Defendant from September 1, 2012 to September 13, 2012, but the Defendant did not pay 1,320,000 won to the Plaintiff.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking payment of unpaid wages and damages for delay calculated at the rate of 20% per annum from September 28, 2012 to the date of complete payment, after 14 days from the date of retirement from the 14th day after the date of retirement from the Gwangju District Court rendered a decision to recommend execution to the Defendant on December 3, 2012, and the said decision became final and conclusive on February 15, 2013.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

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final and conclusive judgment when there is no objection by the defendant against it, and the objection is dismissed or withdrawn (see Article 5-7(1) of the Trial of Small Claims Act).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. Because a notarial deed has an executory power, and there is no res judicata effect, there is a benefit to bring an action in the same claim as the contents of the notarial deed in order to obtain a judgment which

(See Supreme Court Decision 95Da22795, 22801, Mar. 8, 1996, etc.). A final and conclusive decision of performance recommendation also recognizes incidental effects such as the executory power and the effect of legal requisite, excluding res judicata, among the effects of a final and conclusive judgment, and does not recognize res judicata (see, e.g., Supreme Court Decision 2006Da34190, May 14, 2009). Thus, as in the case of a authentic deed, the Plaintiff is a final and conclusive decision of performance recommendation to obtain a judgment of res judicata effect.