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(영문) 서울중앙지방법원 2015.06.12 2014가합573725

퇴직금

Text

1. The defendant's money and above stated on the "legal retirement allowance calculation sheet" in the attached Table 1 list to the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant is a company primarily responsible for debt collection and credit investigation business with permission from the Financial Services Commission pursuant to the Use and Protection of Credit Information Act. The Plaintiffs concluded a delegation contract with the Defendant respectively, and the Plaintiffs were retired at the end of the service period while taking charge of debt management and collection during the service period indicated in the “service period” list in the attached Table 1 retirement allowance calculation table. 2) The Plaintiffs concluded a delegation contract with the Defendant for debt collection business (hereinafter “instant delegation contract”) with the following content on a six-month basis:

Article 2 (Status of Delegated Claims collectors) (1) A delegated claims collector shall independently perform the duties delegated by the Company under this contract.

(2) A delegated claims collector shall not be an employee of a company, but shall not apply to a delegated claims collector, as well as the rules of employment and all the regulations applicable to regular employees of the company.

Article 4 (Duties in Charge) Services delegated to a delegated claims collector by a company shall be as follows:

1. Notification of the acceptance of case and dispatch of other written demand for repayment;

2. Recovery of claims, demanding repayment and consultation;

3. Tracking the whereabouts of persons related to debts, visits, and property investigation;

4. Management of documents on claims;

5. Preparation and management of a repayment plan and the date of post management;

6. Invitation and receipt of delegation of debt collection services;

7. Attraction and receipt of civil petition affairs;

8. At any time, a delegated claims collector may terminate this contract in writing, at any time.

(2) A company may terminate a delegated claims collector, if he/she falls under any of the following:

4. When it has intentionally or by negligence violated this Agreement, relevant legislation, regulations, guidelines, ethical rules, internal rules, procedures and guidelines relating to the delegation affairs of the Company.