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(영문) 서울고등법원 2015.09.04 2014나2046936
퇴직금 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Fact that there is no dispute over the ground for recognition of the basic fact, Gap evidence 27, Eul evidence 11, and the purport of whole pleadings;

A. The Defendant is a company with the purpose of manufacturing, selling, and distributing household equipment and water purifiers, and the Plaintiffs are service engineers (the former head of the center was referred to as “the former head of the center” from 2010 to hereinafter referred to as “the head of the center”) at the Defendant’s affiliated office from the corresponding date as stated in the attached Form [Retirement Allowance List] “Date” as stated in the corresponding date. The Plaintiffs were in charge of installing, distributing, and distributing water purifiers.

The Plaintiffs also take charge of the regular duty of exchanging water purifiers before 2010, but as the Defendant entrusted the above duty to the “Lieo” from around 2010, the Plaintiffs did not gradually take charge of the above long-term written exchange work since that time.

However, in the event that 'Wilio' in charge of the exchange of long-term lots of land is a public stone, the head of the office gives the plaintiffs the long-term lot of land temporarily.

B. The Plaintiffs entered into an entrustment contract with the Defendant (hereinafter “instant entrustment contract”), and the details of the said contract are as follows.

There is a somewhat different difference between the content of the service consignment contract(2013) No. 3 and the service consignment contract No. 27, and the content of A’s service consignment contract(27).

(hereinafter the same shall apply)

Article 2 (Terms of Contracts and Details of Duties) B (Plaintiffs) shall conduct the management of customers within the extent designated by Gap (Defendants) as free vocational income earners in accordance with the Gap's business regulations, the duties of attracting new customers, and the following duties under the control of the head of the branch office:

1. Installation and A/S business for all items handled by A;

2. To enter customers regularly and unlawfully to exchange lots and provide prior services for all products at a time and at a time to interview product management.

3...

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