1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Facts of recognition

A. The plaintiff filed a lawsuit against the defendant for the payment of wages, and on August 10, 2006, "the defendant shall pay to the plaintiff 570,000 won and interest thereon at the rate of 20% per annum from July 17, 2005 to the day of full payment" was sentenced to the judgment in favor of the plaintiff.

(Y) The court below's decision was final and conclusive around August 10, 2005. The court below's decision became final and conclusive around that time.

(hereinafter “the final judgment of this case”). (b)

The Plaintiff filed the instant lawsuit to interrupt the prescription of a claim based on the final judgment of the instant case.

[Based on recognition, in a case where a party who received a final and conclusive judgment in favor of the benefit of the lawsuit as to the whole purport of pleading No. 1 files a lawsuit against the other party to the lawsuit again against the same claim as that of the final and conclusive judgment in favor of the other party to the lawsuit, as a matter of principle, the subsequent lawsuit is unlawful as there is no benefit of protection of rights. However, in exceptional cases where it is obvious that the ten-year lapse period, which is the period of extinctive prescription of the claim based on the final and conclusive judgment, has expired, there exists a benefit of lawsuit in the event of special circumstances, such as filing a lawsuit for interruption

I would like to say.

According to the facts of recognition as above, the defendant is obligated to pay the plaintiff 570,000 won and 20% interest per annum from July 17, 2005 to the date of full payment.

In this regard, the defendant only introduced the plaintiff's work, and the defendant's assertion that he does not have the obligation to pay wages. However, the final judgment in favor of the defendant has res judicata, and the judgment in favor of the new suit does not conflict with the final judgment in favor of the previous suit, so the court in the subsequent suit has all the requirements that can claim the established right.