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(영문) 서울북부지방법원 2015.01.21 2014가단109454
퇴직금
Text

1. The Defendant shall pay to the Plaintiff KRW 9,813,173 as well as 20% per annum from January 15, 2012 to the day of complete payment.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 4 through 26, 29, 32, 40, 43, 47, Eul evidence Nos. 1, 2, 7, and 9:

1) The Defendant is a company that mainly engages in debt collection and credit investigation business with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act. The Plaintiff is a delegation contract with the Defendant (hereinafter “instant delegation contract”).

(2) From May 4, 2009 to December 31, 2011, the instant delegation contract, etc. was concluded and retired from office. (3) The main contents of the instant delegation contract, etc. are as follows.

Article 1 (Delegated Affairs) A (Defendant) of the Delegation Contract Act refers to claims collection and credit investigation, claims collection and credit investigation, claims collection and other affairs incidental thereto, which are delegated by Article 1 (Delegated Affairs) A (Defendant) to B (Plaintiff).

Article 6 (Support for Activities) A may provide support pursuant to Chapter IV (Articles 12 through 14) of the Regulations on the Operation of Delegation Services.

Article 7 (Types of Fees), the standards for payment, and the date of payment shall be determined separately.

Article 8 (Termination of Contract) (1) When a ground for termination prescribed by the delegation operation regulations of A occurs during the term of this contract, the contract shall be terminated.

Article 9 (Exemption from Definition of Status, Rules of Employment, etc.) B is a free vocational employee who performs the affairs entrusted by A and receives the prescribed fees according to his/her work performance, and confirms that it is a delegation contract under Article 680 of the Civil Act, which is not an employment contract, and does not apply the rules of employment, etc. other than this contract.

Article 5 (Qualification for Delegated Position) (1) of the Regulations on the Management of Delegated Positions (Qualification for Delegated Position) A person who is a national of at least 20 years of age, shall be a person who has completed military service under the Military Service Act.

(2) No person who falls under any of the following subparagraphs shall be eligible for delegation:

1. A person who is declared bankrupt and is not reinstated;

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