1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is a stock company with the purpose of a reinforced concrete construction business. The defendant was employed for the plaintiff on November 1, 199 and was in charge of accounting duties, etc. on or around March 2006 after his withdrawal from office. On or around October 2006, the plaintiff left office on or around September 2007.

B. The Defendant filed a wage claim lawsuit against the Plaintiff as Seoul Central District Court 2009Da404347, and was sentenced to the dismissal ruling on August 12, 2010. Accordingly, the Defendant appealed as Seoul Central District Court 2010Na38211, and on January 6, 2011, issued a judgment from the above Seoul Central District Court “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from October 13, 2009 to the day of full payment.”

Therefore, the Plaintiff appealed by Supreme Court Decision 201Da13166, but was sentenced to a judgment dismissing the appeal on June 10, 2011, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 3 through 5, purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case in this case is dismissed, since the judgment ordering the payment of retirement allowance has become final and conclusive as to the claim for damages caused by fraudulent act alleged by the plaintiff, and thus the lawsuit of this case in this case is contrary to res judicata.

However, the subject matter of the previous judgment is a retirement allowance claim, and the subject matter of the lawsuit in this case is a claim for damages arising from tort, so long as the subject matter of the lawsuit is different, res judicata of

Therefore, the defendant's main defense is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion 1 is that the Defendant actively concealed such fact while receiving all retirement allowances from the Plaintiff each year by the interim settlement method, and deceiving the court by filing a lawsuit claiming retirement allowances, and received a judgment from the Plaintiff, and 16,012.