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(영문) 서울중앙지방법원 2019.07.09 2018가단5170719
퇴직금
Text

1. The defendant's written statement on the "legal retirement allowance" in the annexed retirement allowance calculation sheet to the plaintiffs and each of the above amounts.

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 plaintiffs entered into a delegation contract with the defendant for debt collection (hereinafter "the contract of this case") as follows, and the defendant's purpose of this contract is to determine the rights, obligations, and other necessary matters of both parties when the delegating person (the defendant) delegates the debt collection business to the mandatory (the plaintiff) during each period specified in the attached retirement allowance calculation table in the attached retirement allowance calculation table.

Article 3 (Status of Party) (1) A delegating party to this contract is a person who has obtained a license for debt collection business pursuant to Article 4(1) of the Use and Protection of Credit Information Act, and a mandatary is a delegating debt collector.

2. A mandatary is not an employee of a delegating company, and the Labor Standards Act does not apply to a mandatary, nor does he/she apply the rules of employment and all the rules of employment applicable to the employee of the delegating company, and only has the rights and obligations under this contract.

Article 4 (Period and Effect of Contract) (1) The contract term of this contract shall be from the monthly date to the annual date, and if the contract is not renewed before the expiration date of the contract, the contract shall become null and void.

Article 5 (Delegation Affairs) (1) Any claim to be assigned by a mandatary with authority delegated by the mandator shall be limited to claims, at the option of the mandatary.

Provided, That if it is impossible for the mandatary to continue to take charge of the claims entrusted by him/her during the contract period later, the claims to be in charge may be changed in consultation with the mandator.

(2) Duties delegated by a mandator to a mandatary are as follows:

1. Notification of the fact of acceptance of case and dispatch of other requested documents for repayment;

2. Identification of debtor's whereabouts, visits and property investigation;

3. Collection of claims, demand for payment (teleline, written statement, visit, etc.);

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