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(영문) 서울중앙지방법원 2015.10.23 2014가합554144
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) On the other hand, on the other hand, the Defendant prepared a labor contract and received monthly fixed pay and carried out claims collection business on April 16, 2003, and submitted a resignation document on June 8, 2006 and received 3,840,430 won from the Defendant as retirement allowance for the pertinent period, and then, the “period of service” in the “period of service” in the “period of service” in the attached retirement allowance calculation table was terminated as of the end of each service period and was in charge of claims management and collection as of the end of each service period.

2) The main contents of the instant contract are as follows.

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. A company under Article 5 (Payment of Commissions, etc.) (1).

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