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(영문) 서울고등법원 2016.12.09 2015나2051478
퇴직금
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

In the first instance court within the scope of the adjudication of this court, the plaintiffs filed a claim for payment of unpaid annual leave allowances and retirement allowances, alleging that they worked as the son, the head of the branch office, the head of the bureau, and the head of the headquarters.

The first instance court deemed that the plaintiffs were all the employees of the defendant, and partly accepted the plaintiffs' annual leave allowance and retirement allowance claim.

On this issue, the Defendant appealed.

The plaintiffs changed their claims to exclude the period of service as a pre-employed worker during the period that they asserted to have worked as a pre-employed worker in this Court, and accordingly, to claim the unpaid annual leave allowance and retirement allowance claim.

Therefore, only the plaintiffs' claims for unpaid annual leave allowances and retirement allowances corresponding to the period of service as the head of the defendant's branch office, the director-general, and the head of the headquarters are subject to adjudication

The defendant is a company with the objective of visiting and lending children's books established on March 21, 200, and reading education business.

The Defendant’s business of visiting and lending books was operated in a way that the members regularly visit the members and select and lend books, and the members are returned with diverse read books if the members pay a certain amount of monthly fee.

In addition, the Defendant’s reading education business, etc. was operated in a way that the students visited their members to read books or lectures centering on teaching materials.

The Defendant recruited prestigants to perform the above membership recruitment business and visiting book lending business, and entered into a “branch establishment contract” with them.

When entering into a contract for the establishment of a branch, N.S. has paid each of the Defendant the expenses for the establishment of a branch (for example, embezzlement of membership fees received from members, or securing the Defendant’s damage due to the loss or damage of books) and deposit (for example, the security deposit is the time of termination of the contract.

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