3.(c)

2) Except for the deletion of paragraphs (b) and (3) and (d) and the addition of the following judgments, the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence

2. The addition;

A. The defendant asserts as follows.

(1) No Plaintiff shall be deemed an employee after July 2010 of the repeal of both the team system, reward and punishment system, and computer system management system.

Since July 31, 2010, the plaintiff does not constitute a worker of the defendant from December 1, 2010, the first date of debt collection delegation contract renewal.

The Plaintiff filed the instant lawsuit on December 24, 2014, and accordingly, three years have passed since December 1, 2010.

(2) Except from February 1, 2012 to April 30, 2012, the period during which the Plaintiff intentionally conducted an act to increase the average wage before retirement, the amount of retirement benefits shall be calculated on the basis of the wages for the immediately preceding three months (from November 1, 201 to January 31, 201), excluding the period from February 1, 2012 to April 30, 201.

Even if the obligation to pay retirement allowances is recognized to the defendant, it shall not exceed 33,240,096 won calculated as the daily average wage of 92,418 won.

③ Since the Plaintiff’s total amount of commission received for three months prior to his/her retirement is KRW 28,889,934, the daily average wage per day calculated based on the total amount of commission received during the three months prior to his/her retirement is more than twice the average daily wage calculated based on the total amount of commission received during the three years prior to his/her retirement, and thus, exceptional circumstances exist to deem that the amount significantly exceeds the average daily wage for one year calculated based on the total amount of commission received during the three years prior to his/her retirement, and thus, it shall be calculated based on

B. (1) In light of the reasoning of the argument, the circumstances acknowledged in the judgment of the first instance court are as follows: Gap evidence No. 10 and Eul evidence No. 11 are added to the purport of the entire pleadings.