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1. Of the instant lawsuit, the part concerning the Plaintiff’s claim for wages on January, 2014 and on June shall be dismissed.
2. The defendant shall make the plaintiff 21.
Reasons
1. On August 19, 2014, while the Defendant, as a company operating livestock breeding business, entered into a joint management agreement with a “D farm” and “F farm” (hereinafter “stock breeding”) on behalf of the Defendant and a stock company (hereinafter “stock farm”) to engage in all farm business, such as D farm, F farm’s personnel management, facility management, and breeding management.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 7, witness G's testimony, the purport of whole pleadings
2. In the instant lawsuit, the Plaintiff’s determination on the part concerning the Plaintiff’s claim for wages for January and June, 2014 and the part concerning the claim for wages for June, 2014, asserted that the Defendant agreed to pay the Defendant a total of KRW 73,850,000 in arrears for December, 2013, including the Plaintiff, around August 2014, January 6, 2014, June, June, and July, 2014. As such, the Plaintiff’s claim for the payment of wages for January and June, 2014 and ex officio, we examine whether this part of the lawsuit is legitimate.
Since a final and conclusive judgment in favor of a party has res judicata effect, in case where the party against whom a final and conclusive judgment in favor of the party has been rendered files a lawsuit again against the other party of the previous suit identical to the previous suit in favor of the party, in principle,
(see Supreme Court Decision 2005Da74764, Apr. 14, 2006). According to the evidence Nos. 8 through 11 and 16, the Plaintiff et al. filed a lawsuit against the Defendant claiming payment of wages in arrears, such as January 2014 and June, with the designated party (hereinafter “relevant District Court 2014Gahap932, hereinafter “relevant wage lawsuit”), and the above court rendered a judgment citing the Plaintiff’s wage of 1,15,10 won on January 201, 2014, and wage of 3,492,960 won on June 201, 2014. The judgment was rendered at that time.