beta
Text
1. The Defendant shall pay to the Plaintiff KRW 20,970,150 and the interest rate of KRW 20% per annum from January 15, 2014 to the day of complete payment.
Reasons
1. The parties' assertion
A. From May 4, 2009 to December 31, 2013, the Plaintiff provided the Defendant with labor in a subordinate relationship with the Defendant, such as where the Plaintiff worked as a debt collector and under specific command and supervision from the Defendant. As such, the Defendant is obligated to pay the retirement allowance to the Plaintiff.
B. The Plaintiff entered into a delegation agreement with the Defendant, without being subject to the Defendant’s direction and supervision in terms of the time, place, and method of performing his duties, and was paid only fees based on the collection of claims regardless of the content of his duties or the time of performing his duties, and thus, the Plaintiff does not constitute an employee under the Labor Standards Act.
2. Facts of recognition;
A. The contractual relationship between the Plaintiff and the Defendant (1) is a company engaged in debt collection and credit investigation. The Plaintiff entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”), and the Defendant’s DNA branch located in the fourth floor of the C Bank building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant branch”) from May 4, 2009 to December 31, 2013.
(2) On the other hand, each delegation contract entered into between the Plaintiff and the Defendant from 2009 to 2012 may not be executed by the Plaintiff, and the contract may be terminated when the grounds for termination prescribed by the "Regulations on the Management of Entrusted Positions" have occurred during the contract period. The Plaintiff is a free occupation worker who performs the delegated duties by the Defendant and receives the prescribed fees according to his/her performance, and is not an employment contract, and is confirmed as a delegation contract under Article 680 of the Civil Act, not an employment contract, and the rules of employment, etc. other than this contract are excluded from the application of the rules of employment. As regards matters
In addition, the main contents of the delegation management regulations set by the defendant are as follows.