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1. The Defendant’s KRW 66,579,676 against Plaintiff A and its related costs from May 28, 2016, and KRW 13,903,955 against Plaintiff B and its related costs.
Reasons
1. Basic facts
A. The plaintiffs concluded an entrustment contract with the defendant, who is a debt collection company, and were engaged in the defendant's claims collection business as stated below.
The Plaintiff’s working period from October 11, 2007 to May 13, 2016, to May 2, 2013, 2016, to August 3, 2016, C C on June 2, 2008 to August 4, 2015, respectively.
The Plaintiffs concluded an entrustment contract with the Defendant for claims collection business on a six-month basis, and the terms and conditions of the contract are as follows.
(However, “A” or “B” means the Defendant; “B” means the claims collector; hereinafter collectively referred to as the “instant consignment contract”); - In 2008 Contracts Form (see evidence 1-2); - Article 3 (Entrustment Fee) provides for “B” shall, in principle, be paid to B on the date of each month in proportion to the recovery performance, on the basis of a progressive performance-based system in proportion to the recovery performance, and the criteria for detailed payment fees shall be separately determined.
Article 4 (Status B) (1) He/she shall comply with the rules of Gap, but he/she shall not be subject to various statutory allowances (retirement allowances, vacations, holidays, etc.) applicable to Gap's employees.
(2) Eul shall bear the relevant taxes imposed on a business operator as an individual business operator.
Article 6 (Termination of Contract) (2) In any of the following cases, A may immediately terminate this contract, notwithstanding the period specified in Article 2:
In such cases, A shall notify B without delay.
7.If the monthly amount of collection is extremely low and is less than 0.2% of the balance of debentures held, - Article 4 (Status and Performance of Duties)-(1) of the 2015 Agreement Form (see Evidence 1-2)-1 of the 2015 Agreement Form (see Evidence 1-2).
Therefore, it is not subject to in-house regulations such as the rules of employment applicable only to full-time employees of Gap, such as leave, leave of absence, retirement allowance, advance notice of dismissal allowance, etc.
(2) Eul shall perform entrusted duties.