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1. The defendant has the same amount as the money stated in the "official fee" column in the attached Form 1 sheet to the plaintiff A, C, E, and F.
Reasons
Basic Facts
A. The Defendant is a company established for the purpose of debt collection business, credit investigation business, etc. with the permission of the Financial Services Commission under the Use and Protection of Credit Information Act.
B. The Plaintiffs entered into a debt collection entrustment contract or delegation contract with the Defendant on the first day of each service period indicated in the attached retirement allowance calculation table, and the Defendant was in charge of managing and collecting the claims that the Defendant accepted from the creditors during the above service period, and retired at the end of the above service period.
[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply), and the argument of the parties to the whole pleadings
A. The Plaintiffs asserted that they were employed by the Defendant in the form of a delegation contract, but provided labor to the Defendant as subordinate to the Defendant, such as being directed and supervised by the Defendant in the performance of their duties, constitutes workers under the Labor Standards Act
Therefore, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.
B. The defendant's assertion is in a delegation relationship with the plaintiffs. Accordingly, the defendant is only a truster with respect to the plaintiffs' performance of duties to the minimum extent necessary under the Act on the Use and Protection of Credit Information. Since there was no exclusive and subordinate direction and supervision over the same degree as the labor contract, the plaintiffs cannot be deemed as a worker who provided labor to the defendant in a subordinate relationship.
Whether the plaintiffs constitute workers under the Labor Standards Act
A. In determining whether a worker is a worker under the relevant legal doctrine, the determination shall be based on whether a contract form is an employment contract or a subordinate relationship with an employer for the purpose of wages in a business or workplace.