1. Revocation of a judgment of the first instance;

2. The defendant shall be jointly and severally with C to the plaintiff KRW 2,687,090 and the defendant shall be jointly and severally with C on August 14, 2012.

1. Facts of recognition;

A. The same year from June 13, 2012 at a restaurant operated jointly by the Defendant and C (hereinafter “Defendant, etc.”).

7. Up to 30. Retirement of the Defendant, etc. has not been paid wages equivalent to the total amount of 2,687,090 won.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant, etc. seeking the payment of unpaid wages (Jansan District Court Decision 2010Da57795). On April 9, 2013, the said court rendered a decision of performance recommendation with the purport that “the Defendant, etc. jointly and severally paid to the Plaintiff the amount calculated at the rate of 20% per annum from August 14, 2012 to the date of full payment,” and that “the Defendant, etc. shall jointly and severally pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 14, 2012.” The said decision of performance recommendation became final and conclusive as it is,

C. After that, on July 24, 2015, the Plaintiff filed the instant lawsuit against the Defendant, etc. with the same content as the final and conclusive performance recommendation decision. On the other hand, the first instance court rendered a new decision of performance recommendation as to the Plaintiff’s lawsuit against C and rendered a final and conclusive judgment of rejection on the ground that the Plaintiff’s lawsuit against the Defendant 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. The decision of performance recommendation has already become final and conclusive with respect to the claim of the Plaintiff’s assertion of the first instance judgment, and it is difficult to deem that the Plaintiff has a benefit in the lawsuit to bring a lawsuit again, the instant lawsuit is unlawful.

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 a case where a title has an executory power and has no res judicata, the subject matter of lawsuit is the same as the executory power.