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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. The defendant is a company engaged in debt collection, credit investigation, etc. with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.
B. The Plaintiff entered into a delegation agreement with the Defendant (hereinafter “instant delegation agreement”) and performed the duties of managing and collecting claims that the Defendant accepted from financial institutions or public institutions, etc. during each service period from November 11, 2010 to April 27, 2015, and from February 6, 2017 to March 31, 2018 (hereinafter “debt collection duties”).
C. The main contents of the instant delegation agreement are as follows.
The defendant in a delegation contract (hereinafter referred to as "company") and the plaintiff (hereinafter referred to as " delegated claims collector") shall conclude a delegation contract as follows:
Article 1 (Purpose) The purpose of this Agreement is to determine the status of delegated claims collectors, the contents of delegated duties, the rights and obligations of the Parties, and other necessary matters in delegated relations between the Company and delegated claims collectors.
Article 2 (Status of Delegated Claims collectors) (1) A delegated claims collector shall carry out independent business operators who render claims collection services under Article 27 (2) 2 of the Use and Protection of Credit Information Act, and who are delegated by the Company under this contract.
(2) A delegated claims collector shall not be an employee of a company, but shall not be subject to the rules of employment, all the regulations, etc. applicable to regular employees of the company as well as to the delegated claims collectors.
Article 4 (Delegation Services) (1) A company may delegate the following services to delegated claims collectors:
1. Notification of the acceptance of cases and dispatch of other written demands for repayment;
2. Recovery of claims, demanding repayment and consultation;
3. Tracking the whereabouts of persons related to debts, visits, and property investigation;
4. Management of documents on claims;
5. Preparation and management of a repayment plan and a post-management report;