1. The Defendant’s decision of performance recommendation (No. 2016Gau27137) against the Plaintiff is based on the decision of performance recommendation.

1. The following facts of recognition are found either in dispute between the Parties or in accordance with the statements in Gap evidence 1, 2, and Eul evidence 1 and 2:

A. The Defendant asserted that he provided labor under employment with the Plaintiff, and filed a lawsuit against the Plaintiff to pay the Plaintiff the amount of 11,951,612 won, retirement allowance of KRW 5,962,419, the total amount of KRW 17,914,031, and the amount of money calculated at the rate of 20% per annum from July 22, 2016 to the date of complete payment.

(2016 Ghana27137). (b)

On October 26, 2016, this Court rendered a decision of performance recommendation (hereinafter “decision of performance recommendation of this case”) to pay the above amount of money, which became final and conclusive on November 24, 2016.

C. From July 1, 2013 to July 7, 2016, the Plaintiff’s representative C was indicted for committing a crime that the Defendant provided labor to the Plaintiff, and was sentenced to a fine of KRW 2,00,000,00 for which the Defendant did not pay the total amount of wages of KRW 9,048,412 and retirement allowances of KRW 5,962,419 (the Daejeon District Court Branch Branch Decision 2017 High Court Decision 2017 High Court Decision 72), and the above judgment became final and conclusive.

2. The facts acknowledged in the final judgment of other civil and criminal cases related to the judgment are significant evidence, barring any special circumstance (see Supreme Court Decision 92Da51372, Mar. 12, 1993). According to the above facts and the result of the relevant criminal judgment, the Defendant’s total amount of unpaid wages to the Plaintiff is KRW 9,048,412, and unpaid retirement allowances is KRW 5,962,419, and the Defendant is obligated to pay damages for delay at a rate of 20% per annum as provided in the Labor Standards Act from July 22, 2016 to the date of retirement of the Defendant to the Plaintiff. As such, the Defendant is obligated to pay damages for delay at a rate of KRW 15,010,831 (= KRW 9,048,412, KRW 5,962,419) to the Plaintiff.

Therefore, compulsory execution based on the decision on execution recommendation of this case shall be dismissed only for the exceeding part.

3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition.