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(영문) 서울중앙지방법원 2014.11.21 2013가단100192
퇴직금 등
Text

1. The Defendant: (a) from October 23, 2010 to Plaintiff A, KRW 12,275,580 to Plaintiff B, and each of the above amounts.

Reasons

1. Basic facts

A. The Defendant Company engaged in import-sale business, such as KON, Scarf, and bags, concluded a special contract on purchase and sale of department stores with companies operating department stores, including lot stores and new global department stores, to purchase goods imported by the Defendant Company on credit and sell them in department stores operated by the Defendant Company, and to pay the Defendant Company the remainder after deducting fees from the sales revenue. In concluding a special contract on purchase and sale of department stores, the Defendant Company agreed to dispatch the human resources engaged in sales business within each department store to the Defendant Company.

B. From January 1, 2006 to October 7, 2010, Plaintiff A performed duties as sales salesperson who sells goods imported by Defendant Company within each department store from September 1, 2005 to October 7, 2010.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The parties' assertion

A. The plaintiffs are workers who provided their labor under the direction and supervision of the defendant company, and even if they retired from the defendant company, they did not receive KRW 12,698,520, and KRW 12,275,580, respectively.

B. Since the Plaintiffs entered into a sales service agreement with the Defendant Company and provided services accordingly, they are only paid fees, they cannot be deemed as employees of the Defendant Company.

Even if the plaintiffs are employees of the defendant company, the defendant company calculated 8.33% of the fees to be paid each month to the plaintiffs as retirement allowances, and paid the fees including them, all of the plaintiffs' retirement allowances were paid. If the defendant company's payment of retirement allowances is not recognized despite the above-mentioned retirement allowances are included in the fees to be paid to the plaintiffs, the plaintiffs should return the money received as retirement allowances to the defendant company as unjust enrichment.

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