급여 등
1. A decision of the court of first instance against the Defendant (Counterclaim Plaintiff) that exceeds the money ordered to be paid under the following subparagraphs.
1. As to the judgment of the court of first instance subject to the judgment of this Court, only the Defendant appealed against the commission fee of 5,737,500 won ( = 12,750,000 won x 45%) and retirement allowance of 14,301,96 won and each damages for delay, the subject of the judgment of this Court is only the above part.
2. Basic facts
A. The Plaintiff, from April 1, 2008 to November 22, 201, was in charge of the collection work by Defendant Seocho Branch, who runs the debt collection business.
B. On November 12, 2010, the Plaintiff received from the Defendant the charge for the collection of B’s credit (hereinafter “B credit”) against B Co., Ltd. (hereinafter “B credit”), and deposited KRW 6,00,000 on March 10, 201, and KRW 40,000,000 on June 23, 201, respectively, and remitted all of the credit to the Defendant’s account under the name of the Defendant on November 7, 2011.
C. On December 15, 201, the Defendant received KRW 12,750,000 from the side of B as commission in relation to the debt collection business on December 15, 201, which was after the Plaintiff’s establishment.
[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, Eul 6, testimony of witness E at the trial and the purport of the whole pleadings
3. Determination on a retirement allowance claim
A. The plaintiff asserts that although the form of a contract is a delegation contract, the plaintiff provided labor to the defendant in a subordinate relationship for the purpose of wages, the defendant is obligated to pay retirement allowances of 31,627,144 won and delay damages to the plaintiff under the Labor Standards Act.
The defendant asserts that the plaintiff is not an employee who provided labor under the direction and supervision of the defendant in a subordinate relationship with the defendant who entered into a debt collection delegation contract with the defendant and performed duties.
B. Whether a worker constitutes a worker under the Labor Standards Act is a contract for employment or a contract for employment, and in substance, the worker works in a subordinate relationship with the employer for the purpose of wages in the business or workplace.