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(영문) 서울중앙지방법원 2015.10.23 2015가합512048
퇴직금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant is a company that primarily performs debt collection and credit investigation business with the permission of the Financial Services Commission in accordance with the Use and Protection of Credit Information Act. The Plaintiffs are each delegation contract with the Defendant (hereinafter “instant contract”).

(2) The main contents of the instant contract are as follows, while taking charge of claims management and collection during each service period stated in the separate sheet for the calculation of retirement allowances, and the work was terminated at the end of each service period.

Article 2 (Status of Delegated Claims collectors) (1) A delegated claims collector shall perform the business delegated by the company under this contract as an independent business operator who has made the claims collection business to render the claims collection business under the provisions of Article 27 (2) 2 of the Use and Protection of Credit Information Act.

(2) A delegated claims collector shall not be an employee of a company, but shall not apply to delegated claims collectors, as well as rules of employment and all other regulations applicable to regular employees of the company.

Article 4 (Delegation Business) Any business to be delegated to a delegated claims collector shall be as follows:

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;

9. Other matters related to the collection of general claims. (1) A company shall pay fees to delegated claims collectors according to the standards for the payment of fees determined by the company within the fixed period.

(2) When concluding this contract, the Company shall fully explain the standards for payment of fees under paragraph (1) to delegated claims collectors.

Article 7 (Matters to be Observed by Delegated Claims collectors) A delegated claims collector shall faithfully perform the following matters:

1. The performance of delegated duties;

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