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(영문) 서울고등법원 2016.04.22 2015나20478

퇴직금

Text

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

The defendant shall set up an annexed retirement allowance calculation sheet to the plaintiffs.

Reasons

Basic Facts

Plaintiff

D A. On February 1, 2001, Plaintiff F entered the National Agricultural Cooperative Federation on February 1, 2001, and Plaintiff L, May 1, 2001, respectively, and engaged in claims collection business.

On August 6, 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, without distinguishing between the Agricultural Cooperative Asset Management Co., Ltd. and the 671 member cooperatives, 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 member cooperatives.

Around September 2002, the Nonghyup Federation entered into a debt collection delegation agreement with the Defendant (hereinafter “the instant debt collection delegation agreement”). The Addenda to the instant debt collection delegation agreement provides that “(i) the instant contract shall have effect from October 1, 2002, and (ii) the claims entrusted by the AFF prior to the date of entry into force of the instant agreement shall be deemed to have been entrusted to the Defendant under this agreement. (iii) A person who is working as a special team for collecting the claims of the AFF prior to the date of entry into force of the instant agreement shall be deemed to have been entrusted to the Defendant under this agreement.”

Plaintiff

DF and L entered into a debt collection contract with each Defendant on October 1, 2002 under the instant debt collection delegation contract, Plaintiff B on November 1, 2002, Plaintiff G on January 13, 2003, Plaintiff K on September 9, 2005, and Plaintiff A on November 5, 2007, respectively, and entered into a debt collection contract with each Defendant on November 5, 2007, as stated in the separate sheet 2.