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(영문) 서울중앙지방법원 2017.02.14 2015가단5241078
퇴직금
Text

1. The Defendant: (a) KRW 9,432,048; (b) KRW 13,051,740; and (c) KRW 15,608,840 to Plaintiff C; and (c) respectively.

Reasons

1. Basic facts

A. The status of the parties (1) The Defendant is a company running debt collection, credit investigation, etc. with the permission of the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

(2) The Plaintiffs are delegated claims collectors registered with the Financial Services Commission, who entered into a contract to perform delegated business affairs (hereinafter “instant delegation contract”) with the Defendant, and performed claims collection business during the period of service indicated in the attached retirement allowance calculation table.

B. The main contents of the instant delegation agreement are as follows.

(Purpose) The purpose of this contract to carry out this delegation is to carry out “B” (the plaintiffs) with respect to matters to be delegated to Article 2, among the duties of “A” (the defendants referred to as “A”).

Article 2 (Scope of Contracts for Delegation)

1. Tracking the whereabouts of persons related to debts necessary for the collection of delegated claims and investigating their property;

2. Urging the repayment of delegated bonds (tele, mail, visit, etc.);

3. Other matters necessary for the collection and management of claims to be delegated to him, which are determined by the Labor Standards Act and other labor-related laws and regulations, such as the Labor Standards Act, shall not be related to “A” in entering into this delegation service contract with “A” and “A” shall have the rights and duties as one of the contracting parties to the delegation service under the Civil Act.

Article 4 (Term of Contract and Renewal of Contract)

4. Where any of the following causes arises, "A" may notify "B" of the termination of the contract, and in such cases, the effect of the termination of the contract shall become effective immediately after the notice of the termination of the contract:

“B” is deemed to have a failure to carry out this contract by carrying out employment or services or other business for any profit other than this contract.

(d)Article 5, if the capacity to perform the delegated duties of “B” significantly falls.

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