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1. The defendant
A. From February 15, 2020 to Plaintiff A 30,949,949 and its related costs:
B. Plaintiff B 22,701,115 won.
Reasons
1. The defendant is a company that performs the duty of collecting claims and investigating credit.
The plaintiffs performed the defendant's debt management and collection affairs during the period specified in the table below.
A 【Ground for Recognition】 A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. The Plaintiffs asserted that they claim retirement allowances to the Defendant on the ground that they correspond to workers under the Labor Standards Act in substance.
In this regard, the defendant asserts that the plaintiffs are independent business operators who entered into a delegation contract with the defendant, and there is no reason to pay retirement allowances.
B. Whether a person is a worker under the Labor Standards Act should be determined in substance rather than in the form of a contract, depending on whether a person has provided labor to an employer in a subordinate relationship with a business or workplace for the purpose of wages.
Whether a dependent relationship exists shall be determined by comprehensively taking into account the economic and social conditions, such as whether an employer determines the content of the work, and whether an employer is subject to the rules of employment or service, and whether an employer is subject to considerable direction and supervision in the course of performing the work, whether an employer designates working hours and working places and is bound by the employer, whether an employer is able to operate his/her business on his/her own account, such as holding equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, whether the employer has a risk, such as creation of profit and loss by providing labor, etc., whether the nature of the work itself is the subject of the work, whether the basic or fixed wage has been determined, whether the source of the income tax has been collected, whether the relationship with the provision of the work has been continuous, and whether the employer has exclusive responsibility to the employer, and whether the social security system is recognized
provided, however, that the basic pay; or