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(영문) 서울중앙지방법원 2014.05.15 2013가단5029403
퇴직금청구
Text

1. The defendant,

A. Each of the money stated in the “official amount” column in the attached retirement allowance calculation sheet to Plaintiffs B, C, D, and E; and

Reasons

1. Under the Act on the Use and Protection of Credit Information, the Defendant, as a company primarily engaged in debt collection and credit investigation business with permission from the Financial Services Commission, concluded an entrustment contract between the Defendant and the Defendant for debt collection (hereinafter “instant entrustment contract”), and the Plaintiffs retired from office on the last day of each service period, while taking charge of debt management and collection during each service period stated in the attached retirement allowance calculation table.

【Ground for recognition】 The fact that there has been no dispute, Gap's evidence 1-1 to 8, the purport of the whole pleadings

2. The plaintiffs asserted that they are workers who provided their labor to the defendant in the course of performing their duties related to debt collection, since they are under considerable direction and supervision by the defendant, the defendant is obligated to pay retirement allowances to the plaintiffs.

In light of the contents of the consignment contract of this case, the defendant cannot be viewed as a worker who provided labor to the defendant in a subordinate relationship, so the defendant cannot respond to the plaintiffs' claims.

3. Determination

A. (1) The main contents of the instant consignment contract (Evidence A No. 3) are as follows.

(A) In a consignment agreement, “A” refers to the Defendant, and “B” refers to one of the Plaintiffs. As seen earlier, the Plaintiffs entered into the instant consignment agreement with each of the Defendant (hereinafter “instant consignment agreement”). Article 1 (Entrustment Scope) ① “B” will faithfully provide “A” with services incidental to the overall performance of debt collection.

(2) The scope of entrusted services under paragraph (1) shall be as follows:

1. Demand for repayment for recovery of claims (in writing, by telephone, visit, property investigation, demand for relevant documents, etc.);

2. Requesting the progress of legal procedures (claim preservation measures, compulsory execution, etc.);

3. Recommendations to redeem non-profit bonds and management of prescription for special bonds;

4. Computerly registering and managing all kinds of information acquired;

5. Other matters as referred to in subparagraphs 1 through 5.

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