1. The defendant stated the "retirement Allowance" column in the annexed retirement allowance calculation sheet to the plaintiffs, and as to each of them.

1. Basic facts

A. On November 26, 1999, the Defendant is a company engaged in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”).

B. The Plaintiffs entered into a business delegation agreement with the Defendant on the first day of each service period indicated in the separate sheet for calculation of retirement allowances (hereinafter “instant business delegation agreement”). During the aforementioned service period, the Plaintiffs were retired at the end of the said service period while the Defendant was in charge of collecting claims delegated by the creditors, and retired at the end of the said service period.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 15 evidence (including branch numbers if there is a paper number; hereinafter the same shall apply), Eul 10, and 11, and the purport of the whole pleadings

2. The plaintiffs asserted that although the formal title of a contract is a delegation contract, the plaintiffs provided their labor to the defendant in a subordinate relationship with the purpose of wages, the defendant asserts that the defendant is obligated to pay each money stated in the "retirement Allowance" column of the attached retirement allowance calculation sheet to the remaining plaintiffs except the plaintiff A as retirement allowance under the Labor Standards Act, and to pay 39,965,27 won to the plaintiff A.

In this regard, the defendant asserts that the defendant does not have any obligation to pay retirement allowances, as the mandatory agent who entered into and performed the debt collection delegation contract with the defendant, and as the worker who provided his work under the defendant's direction and supervision in a subordinate relationship.

3. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a delegation contract is in substance, depending on whether a worker provided labor to an employer for the purpose of wages in a business or workplace. Here, subordinate thereto.