1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 9,858,676 as well as the full payment with respect thereto from April 29, 2014.

1. Basic facts

A. The Plaintiff was employed by the Defendant who provides the Internet service business with labor from February 7, 2013 to April 14, 2014. However, the Plaintiff did not receive the total wages of KRW 9,858,676 from the Defendant during the period from October 7, 2013 to April 2014.

B. The Plaintiff filed a lawsuit against the Defendant seeking payment of the aforementioned unpaid wages with this court’s 2014 Ghana165967. On January 2, 2015, this court rendered a decision to recommend performance to the Defendant to pay the said unpaid wages, and the said decision to recommend performance became final and conclusive on January 21, 2015.

C. After that, on January 4, 2016, the Plaintiff filed the instant lawsuit against the Defendant with the same content as the final and conclusive decision on performance recommendation, and the first instance court rejected the instant lawsuit on the ground that the Plaintiff’s interest in the protection of rights exists and thus, was unlawful.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Determination

A. We examine whether there is a benefit in filing an identical claim as a lawsuit in order to obtain a judgment of performance recommendation as to the benefit of the lawsuit for which the decision of performance recommendation has become final and conclusive.

① The final and conclusive decision on performance recommendation only has the effect of a final and conclusive judgment, excluding res judicata, and does not recognize res judicata effect (see Supreme Court Decision 2006Da34190, May 14, 2009). As such, there is a need to obtain a judgment that has res judicata effect in order to eliminate room for dispute as to the grounds that occurred prior to the closing of argument (the decision on performance recommendation lacks res judicata effect, and there is no time limit for the grounds for objection, so a creditor is bound to have a very unstable position that can continue to prove the establishment of the source of the claim, and thus, the creditor is bound to have a burden to prove the establishment of the source of the claim, and ② The decision on performance recommendation is made at will by the court regardless of the creditor’s intention, even if the creditor has filed a lawsuit seeking res judicata effect.