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(영문) 서울중앙지방법원 2014.10.17 2013가합92472
퇴직금
Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount stated in the "legal retirement allowance" column in the attached retirement allowance calculation sheet.

Reasons

1. Basic facts

A. 1) The Defendant is a company that primarily performs 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 Plaintiffs are the respective delegation contracts between the Defendant and the Defendant (hereinafter “instant delegation contracts”).

(2) The main contents of the instant delegation contract were as follows, while taking charge of claims management and collection during each service period specified in the attached retirement allowance calculation table, and retired from office at the end of each service period.

Article 2(B)(hereinafter “Collection Agency”) shall perform the duties of recovery of claims delegated by “A” (hereinafter “Defendant”) and all related duties under the responsibility of “B.”

Article 3 (Relationship between A and B) ① It is confirmed that the relationship with A is not in the employment relationship provided for in the Labor Standards Act, and that the rules of employment, all the regulations, etc. applied to A's regular workers are not applied.

(2) B shall pay the social insurance premium (national pension, health insurance, etc.) in good faith according to the relationship under the preceding paragraph.

Article 5 (Methods of Performing Duties) (1) B shall comply with relevant Acts and subordinate statutes and faithfully perform such duties in accordance with good faith in handling the affairs provided for in Article 2.

(2) Eul may, limited to the claims entrusted with the disposal by Gap, perform affairs, such as consultation with debt-related persons, demand for repayment, investigation of property of debts-related persons, grasping the location, etc., and affairs incidental thereto in the name of the debtor-related persons.

(3) Eul shall be prohibited from performing the act of investigating, etc. property relations or credit information with the debtor of other claims or the third party who has not been delegated by using the name of Eul.

(4) Upon request of A, B shall immediately inform A of the status of his/her duties.

Article 6 (Restriction on Right of Reappointment) Except for cases where A consent is obtained.

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