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(영문) 서울중앙지방법원 2017.10.24 2017나3047
퇴직금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Even if the evidence submitted in the first instance court citing the judgment of the court of first instance is based on each evidence submitted to this court, it is difficult to view that the Plaintiff was in the position of an employee subject to specific command and supervision of the Defendant company for the purpose of earning wages in relation to the claims collection

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for the part written by the following Paragraph 2, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. On the 5th page of the judgment of the court of first instance, the term “witness” in the 4th page shall be replaced by “a witness of the court of first instance”.

In the first instance judgment, the part of the first instance judgment from 15th to 18th (No.4th) was stated as follows: “(4) The Plaintiff, at the first instance court’s branch office of Defendant Company, continued to perform the duty of collecting claims at the Defendant Company’s indemnity claim team managed by the Defendant Company B after six months elapsed, while continuing to perform the duty of collecting claims at the Defendant Company’s office; (5) the Plaintiff, at the Nonparty Company’s office, continued to perform the duty of collecting claims; and (4) the Plaintiff, at the Nonparty Company’s office, was performing the duty of collecting claims at the Nonparty Company’s office, was performing the duty of collecting claims at the Nonparty Company’s office.”

Part 6 of the judgment of the first instance is "B", such as "D (from June 1, 2009 to April 30, 2015)" in Part 6 of the judgment of the first instance.

The part of the 8th judgment of the first instance to 15th "one day or more" shall be divided into "one fact that the debt collection sources managed by B including the plaintiff, etc., including the plaintiff, do not pay their travel equipment, etc. even if they are going to a business trip during the course of performing their duties."

3. If so, the judgment of the first instance is legitimate, and the plaintiff's appeal is legitimate.

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