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(영문) 서울중앙지방법원 2016.01.21 2015가합503396

퇴직금

Text

1. The defendant stated the "legal retirement allowance" in the annexed retirement allowance calculation sheet to the plaintiffs, and the corresponding money.

Reasons

1. Basic facts

A. The Defendant is a company engaged in debt collection and credit investigation upon obtaining permission from the Financial Services Commission pursuant to the Act on the Use and Protection of Credit Information. The Plaintiffs concluded a delegation contract with the Defendant and retired from office while in charge of debt management and collection. The period of service is as stated in the “retirement Allowance Calculation Table” in the attached Form.

B. The main contents of the delegation contract prepared between the plaintiffs and the defendant are as follows.

Article 2(B)(Plaintiffs) shall perform the collection of claims delegated by A(Defendants) and all related affairs under the responsibility of B.

Article 3 (Relationship between A and B) ① It is confirmed that the relationship with A is not in the employment relationship provided for in the Labor Standards Act.

(2) B shall pay social insurance premiums, etc. in good faith in accordance with the relationship under the preceding paragraph.

Article 5 (Methods of Performing Duties) (2) Only with respect to claims entrusted by Gap, Eul may perform affairs related to debt-related persons and counseling, debtor's demand for repayment, receipt of repayment, property investigation of debts-related persons, grasping their whereabouts, etc. under the name of Eul, and affairs incidental thereto.

(3) B shall be prohibited from performing any act, such as investigating property relations or credit information with respect to the debtor of other claims or the third party who has not been delegated by using the name of the party A.

(4) Upon request of A, B shall immediately inform A of the status of his/her duties.

(5) In principle, the money recovered shall be deposited in the deposit account or counter designated by A on the day of collection.

Article 6 (Restriction on Right of Reappointment) A shall not have a third party manage the delegated affairs in lieu of B except for the case where A's consent is obtained.

Article 7 (Fees) (1) Fees that A pays to B shall be the delegation contract fees that A separately determines.