1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 4,224,010 as well as its full payment from May 15, 2014.

1. Facts of recognition;

A. The Plaintiff entered into an employment contract with the Defendant who runs the agricultural product transport business, etc. (formerly: Changwon Agricultural Comprehensive Logistics Co., Ltd.) and retired from office by providing labor from office from February 13, 2012 to April 30, 2014. The Plaintiff did not receive wages equivalent to KRW 4,224,010 in total of wages of KRW 1,774,880 and retirement allowances of KRW 2,449,130.

B. Accordingly, the Plaintiff filed a lawsuit identical to the purport of the instant claim against the Defendant (Jansan District Court 2014 Ghana 115261). On August 14, 2014, the said court rendered a decision of performance recommendation with the purport that “the Defendant shall pay to the Plaintiff the amount of KRW 4,224,010 and the amount calculated at the rate of 20% per annum from May 15, 2014 to the date of complete payment,” and the said decision of performance recommendation became final and conclusive as is, on the ground that the Defendant did not receive the original copy of the said decision of performance recommendation even if he did not raise an objection.

C. After that, on August 18, 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: Description of Evidence A 1 and the purport of the whole pleadings】

2. Whether the lawsuit of this case is lawful

A. Since the first instance court’s decision on performance recommendation exists with respect to the claims asserted by the Plaintiff, the instant lawsuit is unlawful as there is no benefit to protect the rights.

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 is res judicata.