퇴직금
1. All appeals by the plaintiffs (appointed parties) are dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party).
1. The Plaintiffs entered into an agreement with the Defendant to commission off-the-counter business commission agreement with the following contents, and the Defendant received customer database from the Defendant during each period indicated in the “the continuous service period” in the annexed retirement allowance calculation table, and performed the business of promoting and soliciting the Defendant’s customers by telephone.
Article 1(2): A bank shall pay to a contractor remuneration calculated in accordance with the separate fee rate table determined by the bank in accordance with the result of an agreement under paragraph (1).
Article 2(1):In principle, a contractor shall independently perform his/her duties in performing the commissioned duties provided for in Article 1(1), and a bank shall not direct and supervise a contractor equivalent to the employees of the bank.
A bank shall provide the contractor with necessary education before he/she participates in performing his/her duties, and may provide the contractor with necessary advice and data at his/her request.
Article 3(2): No bank shall pay to a contractor separate money under any pretext, such as retirement allowances, beams, allowances, etc., in addition to remuneration prescribed in Article 1(2).
Article 4:In principle, a contractor shall procure all articles, etc. necessary for performing his/her duties at his/her own expense.
However, within the reasonable extent necessary for performing the contractor's business, a bank may require the contractor to gratuitously use office supplies, equipment, etc., such as books, telephone, facsimile, at an appropriate place designated by the bank, and if necessary, it may collect the relevant expenses within the reasonable extent.
SECTION 5(2): Unless contrary to paragraph(1), the Bank shall not prevent the contractor from engaging in any other business on its account or another person's account in addition to performing its duties under this Agreement.
[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings
2. The plaintiffs asserted against the defendant.