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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and the full payment with respect thereto from January 4, 2014.
Reasons
1. The facts below acknowledged can be acknowledged in full view of Gap evidence No. 1 and the purport of the whole pleadings.
From July 1, 2013 to December 20, 2013, the Plaintiff served as an employee belonging to the Defendant.
B. The Plaintiff was not paid a total of KRW 3,300,000 as wages of November 2013 and KRW 1,300,000 as wages of December 2013.
C. The Plaintiff filed a lawsuit identical to the purport of the instant claim against the Defendant (Seoul District Court Decision 2014 Ghana61739). On May 6, 2014, the said court rendered a decision of performance recommendation with the purport that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from January 4, 2014 to the date of full payment,” and the Defendant did not raise an objection on May 8, 2014 because it did not receive the notice of performance recommendation as above, and thus, the said decision of performance recommendation became final and conclusive on May 23, 2014.
Then, on August 31, 2015, the Plaintiff filed the instant lawsuit against the Defendant with the same content as the final and conclusive decision of performance recommendation, and the first instance court dismissed the Plaintiff’s instant lawsuit on the ground that it is unlawful.
2. Whether the lawsuit of this case is lawful
A. The first instance court's decision on performance recommendation has already become final and conclusive with respect to the claims asserted by the Plaintiff, and it is difficult to view that there is a benefit in the lawsuit to bring a lawsuit again due to the grounds alleged by the Plaintiff.
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.
A new suit based on the same subject matter as a final and conclusive judgment.