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(영문) 서울고등법원 2015.10.14 2015나20164

퇴직금

Text

1. The judgment of the court of first instance is modified as follows.

Defendant: KRW 9,710,754, among Plaintiff E, KRW 9,289,569.

Reasons

1. Basic facts

A. On August 1, 2002, the Agricultural Cooperative Asset Management Co., Ltd. (the Agricultural Cooperative Asset Management Co., Ltd. was organized and dissolved as the Agricultural Cooperative Asset Management Co., Ltd. on June 27, 201, and the Agricultural Cooperative Asset Management Co., Ltd. completed the registration of incorporation on July 15, 201, in order to efficiently support the reorganization of non-performing loans and assets acquired from non-performing loans owned by the Agricultural Cooperative Federation and its member cooperatives under the Act on the Structural Improvement of Agricultural Cooperatives (the Act on the Structural Improvement of Agricultural Cooperatives).

B. The Nonghyup Federation entered into a debt collection delegation contract with the Defendant around September 2002. The Addenda to the said debt collection delegation contract provides that “(i) the above contract shall become effective as of October 1, 2002, and (ii) the claims entrusted and managed by the AFF by the special group for debt collection of the AFF prior to the date of entry into force of this contract shall be deemed to have been entrusted to the Defendant under this contract. ③ A person who, prior to the date of entry into force of this contract, works as a special group for debt collection of the AFF’s claims shall be deemed to have

C. Plaintiffs E, L, A, and Z, Plaintiff Y, and deceased AD (hereinafter “Plaintiff E, etc.”) concluded a contract on debt collection business with the Defendant (hereinafter “debt collection business contract”) and performed the debt collection business from November 27, 2003 to March 31, 2010. Plaintiff E performed the claims collection business from January 10 to May 18, 2009, Plaintiff AC from March 30, 2003 to April 30, 201, and net AD from November 6, 2002 to October 10, 209.

[Reasons for Recognition] Unsatisfy, Gap 1, 3 to 5.