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(영문) 서울중앙지방법원 2016.10.26 2015가단5260550
퇴직금
Text

1. The defendant's amount of retirement benefit in the separate sheet for calculation of the retirement benefit in attached Form 2 to the plaintiffs and its corresponding amount.

Reasons

1. Basic facts

A. The defendant is a company that takes over and collects claims, and the plaintiffs concluded an entrustment contract with the defendant company and took charge of claims management and collection.

The Plaintiffs entered the “contract Date” in the attached Form 2 Retirement Allowance Calculation List and withdrawn from the “Termination Date.”

B. The main contents of the entrustment contract for claims collection business concluded by the Plaintiffs and the Defendants are as follows.

Article 2 (Period of Entrustment Contracts and Entrusted Services) (1) This Agreement shall be from September 2013 to February 2014 (six months), and if no separate declaration of intention is made, the contract shall be automatically terminated.

2. Entrusted duties under this contract mean the act of exercising claims collection, such as property investigation, demand for repayment, receipt of payment, etc., of claims held by Gap (Defendant) against the debtor upon delegation by Eul (Plaintiffs).

Article 3 (Entrustment Fee) In principle, the entrustment fee that A pays to B shall be determined in proportion to the outcomes of collection, and the entrustment fee that is paid accordingly may be changed monthly.

A shall be paid to the monthly benefit day of each month determined by A, and the detailed payment fees criteria shall be separately determined.

Article 4 (Status, etc. of Eul) (1) B shall perform its duties in good faith with voluntary will, and shall comply with matters to be requested for cooperation, matters to be educated (related to Article 5), etc. of A.

(2) B shall not be subject to any regulation in relation to neglect, and related fees shall be paid in differential monthly.

(3) B shall not apply to the provisions applicable to regular employees of Gap, nor to retirement allowances, advance notice allowances, various allowances, etc.

(4) Eul shall assume all responsibilities, such as civil, criminal, administrative, and tax affairs, for an individual entrepreneur.

(The provisions of the Income Tax Act and Article 12 (1) 13 of the Value-Added Tax Act shall apply to taxes, etc.). Article 5 provides for illegal debt collection services.

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