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(영문) 서울동부지방법원 2018.11.15 2017가단142463
퇴직금
Text

1. The defendant

A. From November 23, 2015, Plaintiff A 24,161,110 won and its related thereto:

B. Plaintiff B:24,916,774.

Reasons

1. The facts of recognition are companies that conduct debt collection and credit investigation with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act. The plaintiffs concluded a debt collection entrustment agreement with the defendant, and were retired from the defendant while in charge of debt collection and collection affairs that the defendant accepted from the creditors. The plaintiffs Eul worked for the plaintiff from May 17, 2007 to November 8, 2015, the plaintiff Eul from January 3, 201 to October 31, 201, the plaintiff Eul from January 3, 2011 to October 31, 2017, the plaintiff C from April 19, 2010 to September 8, 201, and the plaintiff D from April 2, 2007 to March 6, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs asserted that they were employed by the defendant for the purpose of wages and provided labor under specific direction and supervision by the defendant, and they were retired workers subject to the Labor Standards Act, and the defendant is obligated to pay legal retirement allowances to the plaintiffs. Accordingly, the defendant asserted that it concluded a delegation contract with the plaintiffs for debt collection, etc., and that the plaintiffs did not constitute workers, and therefore, they did not have the obligation

3. Determination

A. In light of the following circumstances, the Plaintiffs constitute a worker under the Labor Standards Act who provided the Defendant with labor of claim management and collection in a subordinate relationship for the purpose of wages, based on the fact that there is no dispute as to whether the Plaintiffs are workers under the Labor Standards Act, Gap evidence Nos. 1 through 20, Eul evidence Nos. 1 through 9, and the purport of the whole pleadings, etc.

① The Plaintiffs shall enter the duties, etc. performed on that day in the Defendant’s computer network while collecting the claims assigned by the Defendant, at a point designated by the Defendant, and shall make a report according to the forms prepared by the Defendant.

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