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(영문) 서울중앙지방법원 2018.11.06 2018나31261

임금

Text

1. The plaintiff's appeal is dismissed.

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

3. The decision of the court of first instance is delivered with paragraph (1).

Reasons

1. Basic facts

A. The Defendant’s status as the Defendant was established on May 24, 2016 as a company conducting financial product brokerage and sales agency business. On June 30, 2016, the Defendant concluded an entrustment contract for loan recruitment business with Han Bank Co., Ltd. (hereinafter “ Han Bank”), which is entrusted by Han Bank to conduct loan solicitation business, such as consulting on loan applications and confirmation on signature when applying for loan applications.

B. 1) Since then, the Plaintiff entered into an entrustment contract with the Defendant for the loan recruitment business with the following contents. Article 1 (Purpose of this contract is to provide for mutual rights, obligations, and all necessary matters when the Plaintiff acts on behalf of the Defendant for the loan consultant.

Article 3 (Scope of Entrustment of Duties and Status of Plaintiff ① The scope of loan recruitment business entrusted by the Defendant to the Plaintiff is as follows:

1. Counseling on application for loans;

2. Confirmation of the applicant/sureties's own signature or seal when applying for a loan;

3. Receipt and confirmation of the documents required for loans determined by one bank which has entrusted the recruitment of loans to the defendant, and submission to one bank;

4. The Plaintiff must ensure that one bank is able to confirm himself/herself with the customer prior to the execution of the loan.

② The Plaintiff solicits the following loan products:

1. Private loans secured by houses and commercial buildings;

2. Lease loan;

3. Other loan products notified by one bank to the Defendant. (3) In any case, the Plaintiff shall be treated as non-existence of an employment relationship with the Defendant, and shall not be subject to the application of the rules of employment, personnel regulations, and service regulations and collective agreements.

④ The Plaintiff shall not claim a separate amount under any pretext, except the fees provided for in Article 5 from the Defendant.

Article 4 (Period of Contract) (1) The contract period shall be one year from the date of conclusion of the contract.

(2) The defendant and the plaintiff shall be in writing one month prior to the expiration of the contract period under paragraph (1).