1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,916,50 and its payment from February 20, 2015.

From October 1, 2013 to February 5, 2015, the Plaintiff retired from office under employment of the Defendant who is engaged in the pre-tax passenger transport business; the Plaintiff’s annual salary of 2014 and annual salary of 625,200 won; and the Plaintiff’s bonus of 661,500 won in December 2014 and wage of 2,916,500 won in January 1, 2015, are not disputed between the parties; or the Plaintiff’s payment of KRW 2,916,50 in full view of the purport of the oral argument in subparagraph 1.

Therefore, the defendant is obligated to pay to the plaintiff 2,916,500 won and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from February 20, 2015 to the date of full payment. Thus, the plaintiff's claim is justified.

The final and conclusive decision of performance recommendation has a benefit in filing a lawsuit identical to the decision of performance recommendation in order to obtain a judgment which has res judicata because it only has an executory power and has no res judicata effect (see Supreme Court Decision 95Da22795, 22801, Mar. 8, 1996). Such a different view is that the plaintiff was subject to the decision of performance recommendation against the defendant (see Supreme Court Decision 95Da22795, 22801, Jan. 1, 2014, wages of KRW 1,629,800, monthly wages of KRW 1,629,800, monthly wages of January 2015, is recognized by the plaintiff). Therefore, the judgment of the first instance that dismissed the lawsuit of this case is unfair, and it is so decided as per Disposition by ordering the payment of the above amount.