1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 4.13 million and its interest from September 12, 2014.

1. Facts of recognition;

A. The Defendant, who is an individual business entity engaged in the business of installing steel structure, was employed by the Plaintiff, and the Plaintiff from April 28, 2014 to the same year.

8. Until August 28, 200, the Defendant provided labor, which was a sum of KRW 4,130,000 (i.e., wages of KRW 1,580,000 on July 1, 2014) and did not receive wages of KRW 2,550,000 from the Defendant.

B. The Plaintiff brought an action against the Defendant for the payment of the aforementioned wage and the damages for delay thereof at this court’s 2014 Ghana171704. On November 13, 2014, the said court rendered a decision of performance recommendation against the Defendant to pay the said wage and the damages for delay thereof to the Plaintiff, and the said decision was finalized on December 3, 2014.

[Grounds for recognition] The items of evidence Nos. 1 and 3 and the purport of the whole pleadings

2. We examine ex officio whether there is a benefit to bring the instant lawsuit to the Plaintiff.

A. The decision on performance recommendation has the same effect as a final and conclusive judgment when there is no objection by the defendant against it, and the objection is dismissed or withdrawn (see Article 5-7(1) of the Trial of Small Claims Act). Since the plaintiff can enforce compulsory execution based on the original copy of the decision on performance recommendation established in the same lawsuit as the subject matter of this case, it is a matter of question whether there is no benefit in the lawsuit of this case

B. There is a benefit in filing a claim identical to the content of a notarial deed in order to obtain a judgment that has res judicata because a notarial deed only has an executory power and has no res judicata effect (see, e.g., Supreme Court Decision 95Da22795, 22801, Mar. 8, 1996). The final decision on performance recommendation has an incidental effect such as the remaining effect, excluding res judicata, and the effect of legal requisite, among the effects of a final and conclusive judgment, and does not recognize res judicata effect (see, e.g., Supreme Court Decision 2006Da34190, May 14, 2009). The Plaintiff is a lawsuit seeking the same content of the final and conclusive decision on performance recommendation to obtain a judgment that has res judicata effect.