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(영문) 서울동부지방법원 2013.08.23 2012가합18685

퇴직금

Text

1. The defendant's statement in the "amount of discount" corresponding to the attached retirement allowance calculation table to the plaintiffs, and the same table as to this.

Reasons

1. Under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”), the Defendant is a company engaged in debt collection and credit investigation with permission from the Financial Services Commission; the Plaintiffs entered into a debt collection service entrustment contract with the Defendant on the first day of service period stated in the annexed retirement allowance calculation table; and the Defendant entered into a debt collection service contract with the Defendant on the first day of service period stated in the annexed retirement allowance calculation table; and the fact of retirement from the Defendant on the last day of service period when the Defendant was in charge of managing and collecting the claims that the creditors accepted from the creditors is not disputed between the parties; or the purport of the entire pleadings is

2. The assertion and judgment

A. The gist of the plaintiffs' assertion (1) falls under the person who was employed by the defendant for the purpose of wages and provided labor under the defendant's specific direction and supervision, and thus, the defendant is obligated to pay legal retirement allowances to the plaintiffs.

(2) The Defendant’s assertion that the contract was concluded with the Defendant constitutes a delegation contract for debt collection rather than a labor contract, and the Plaintiffs prepared and delivered to the Defendant a written oath to conclude the above debt collection delegation contract as an individual entrepreneur. The Defendant did not designate working place or have given specific directions and supervision to the Plaintiffs during the course of performing its duties. The Plaintiffs did not have been subject to the Defendant’s rules of employment, personnel regulations, and service regulations. The Plaintiffs’ paid fees are performance fees based on the collection of claims, and the amount of fixed wages or basic wages does not vary depending on the collection of claims, and cannot be deemed as wages. The Plaintiffs did not have been covered by the four-party business entities with the Defendant, and the Defendant did not have a lower tax rate on the Plaintiffs’ fees.