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(영문) 서울고등법원 2012.08.17 2011나87275
퇴직금
Text

1. Of the judgment of the court of first instance, the amount exceeding that of the following orders for payment to Plaintiffs A, B, C, D, E, G, I,K, and L.

Reasons

Basic Facts

Plaintiff

B, C, E, H, and J were employed by Nonparty 1 National Agricultural Cooperative Federation (hereinafter “CF”) as debt collector on the first day of each relevant service period stated in the attached Form 1 retirement allowance calculation sheet, and were engaged in claims collection business.

On August 1, 2002, the Agricultural Cooperative Asset Management Co., Ltd. (the Agricultural Cooperative Asset Management Co., Ltd. was organized and dissolved as the Agricultural Cooperative Asset Management Co., Ltd. on June 27, 201, and the Agricultural Cooperative Asset Management Co., Ltd. completed the registration of incorporation on July 15, 201, in order to efficiently support the reorganization of non-performing loans and assets acquired from non-performing loans owned by the Agricultural Cooperative Federation and its member cooperatives under the Act on the Structural Improvement of Agricultural Cooperatives. (hereinafter “Defendant”)

ACF entered into a debt collection delegation agreement with the Defendant around September 2002. The Addenda to the above debt collection delegation agreement provides that “(i) the above contract shall become effective as of October 1, 2002. (ii) the claims entrusted and managed by the special group of claims recovery of the ACF prior to the effective date of this contract shall be deemed to have been entrusted to the Defendant under this contract. ③ A person who is working as a special group of claims recovery personnel of the ACF prior to the effective date of this contract shall be deemed to have been entrusted to the Defendant, barring special circumstances.”

Plaintiff A, such as entering into a contract with the Defendant on the first day of the relevant service period indicated in the attached Form 1 retirement allowance calculation table, concluded a contract for performing claims collection business with the Defendant on the first day of the relevant service period, and continued to engage in claims collection business in the form of re-contract at the expiration of the six-month contract period under the existing contract for performing claims collection business. On October 1, 2008, the Defendant changed the contract form as of June 16, 2008.

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