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(영문) 서울중앙지방법원 2014.09.17 2013가단5161383
퇴직금
Text

1. The defendant,

A. From August 15, 2012 to Plaintiff A, KRW 12,358,219 and its related thereto:

B. Plaintiff B is subject to KRW 7,800,847.

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 Credit Information Use and Protection Act. The Plaintiffs are each delegation contract with the Defendant (hereinafter “instant delegation contract”).

A) Upon entering the “date of resignation” in the annexed retirement allowance calculation sheet, the “date of resignation” entered and retired from office at each “date of resignation”. (2) The main contents of the instant delegation agreement are as follows.

Delegation Contract refers to claims collection and credit investigation, claims collection and credit investigation, claims collection and other affairs incidental thereto, which are delegated by Article 1 (Delegated Affairs) A to B (Defendant) of the Delegation Contract.

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 grounds for termination prescribed by the delegation operation regulations of A occur during the contract period, 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.

Article 5 (Qualification for Delegated Position) (1) of the Regulations on the Management of Delegated Positions (Qualification for Delegated Position) A person who is a national of at least 20 years of age, shall be a person who has completed military service under the Military Service Act.

(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 Acts and subordinate statutes;

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