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(영문) 서울중앙지방법원 2016.05.12 2015나56962
퇴직금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. (i) Conclusion of delegation contracts, etc. (hereinafter “Credit Information Act”) is a company that is a subsidiary of our bank under the control of the Bank of Korea, and is engaged in debt collection and credit investigation with a credit information business license from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act (hereinafter “Credit

B. On January 5, 2011, the Plaintiff concluded a delegation contract with the Defendant and renewed the delegation contract several times, and until December 31, 2013, the Plaintiff was in charge of the debt collection business for the Defendant Company.

Abstract between the plaintiff and the defendant, the main contents of the delegation agreement are as follows:

Article 1 of the Delegation Contract Act (Article 1) The plaintiff takes charge of the collection and credit investigation of claims delegated by the defendant, the acceptance of claims, and affairs incidental thereto.

(Article 3) The Plaintiff may not engage in another claims collection agency's business after concluding the delegation contract.

(Article 12) The defendant may provide the delegated position with all materials necessary for performing delegated duties, and allow the delegated position to use such materials as offices, telephone,O/A equipment, etc.

(Article 15) Types, standards and dates of payment of fees shall be determined separately.

(Article 16) Any delegation contract may be terminated in any of the following cases:

1. In the event of failure to comply with the obligations of delegation under Chapter III of this Regulation;

5. Where the delegation contract is deemed inappropriate as a delegation because the performance of delegated duties is considerably poor or civil petition is caused by illegal or unfair debt collection activities, the cancellation of the delegation contract shall be notified orally or in writing ten days prior to such cancellation.

B. (1) The Plaintiff worked daily at the fourth floor office of our bank building 4 (hereinafter “Surridong branch”) located in Jung-gu, Seoul (38). The Plaintiff was affiliated with the social dedicated team of Korea and was exclusively responsible for the collection of the claims entrusted to the Defendant by the social company of Korea. The head of the department at Man-dong branch.

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