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(영문) 서울중앙지방법원 2015.09.18 2014가합586813
퇴직금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "legal retirement allowance" column in the attached retirement allowance calculation sheet and each of the above amounts.

Reasons

1. Basic facts

A. 1) The Defendant is a company that primarily performs debt collection and credit investigation business with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act. The Plaintiffs are each delegation contract with the Defendant (hereinafter “instant delegation contract”).

(2) The main contents of the instant delegation contract, etc. are as follows, while taking charge of claims management and collection during each service period stated in the attached retirement allowance calculation table, were retired at the end of each service period.

▣ 위임계약서 제1조(위임사무) 갑(피고)이 을(채권추심원)에게 위임하는 채권(신용정보법에 의한 채권 추심대상) 추심 및 신용조사, 채권수임과 이에 수반되는 사무를 말한다.

Article 6 (Support for Activities) A may provide support pursuant to Chapter IV (Articles 12 through 14) of the Regulations on the Operation of Delegation Services.

Article 7 (Types of Fees), the standards for payment, and the date of payment shall be determined separately.

Article 8 (Termination of Contract) (1) When a ground for termination prescribed by the delegation operation regulations of A occurs during the term of this contract, the contract shall be terminated.

Article 9 (Exemption from Definition of Status, Rules of Employment, etc.) B is a free vocational employee who performs the affairs entrusted by A and receives the prescribed fees according to his/her work performance, and confirms that it is a delegation contract under Article 680 of the Civil Act, which is not an employment contract, and does not apply the rules of employment, etc. other than this contract.

▣ 위임직 운용규정 제5조(위임직의 자격) ① 위임직은 만 20세 이상의 국민으로서 남자의 경우에는 병역법에 의한 군복무 의무를 필한 자로 한다.

(2) No person who falls under any of the following subparagraphs shall be eligible for delegation:

1. A person declared bankrupt and not yet reinstated;

3. A person under a suspended sentence of imprisonment without prison labor or heavier punishment;

5. The Credit Information Act and other matters.

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