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(영문) 서울중앙지방법원 2018.05.17 2016가단5212190
퇴직금
Text

1. The defendant,

A. The phrase “personal amount” in the attached Table 3 “amount of award by Plaintiff A, C, D, E, G, F, H, and I” is “amount of award by Plaintiff.”

Reasons

Basic Facts

A. The Defendant is a company primarily engaged 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, and the Plaintiffs concluded an entrustment contract with the Defendant for debt collection (hereinafter “instant entrustment contract”).

B. The Plaintiffs retired from office at the end of each service period, while taking charge of claims management and collection stipulated in the instant consignment contract during each corresponding service period stated in the “retirement Allowance Calculation Table” column in attached Form 2.

【In the absence of dispute, each entry of Gap 1 through 3 (including a branch number; hereinafter the same shall apply), the witness J’s testimony and the purport of the whole argument are the parties concerned, and they are workers who provide labor to the defendant in the course of performing duties related to debt collection as stipulated in the instant consignment contract. Thus, the defendant asserts that the defendant is obligated to pay each of the above retirement allowances to the plaintiffs. Accordingly, in light of the contents of the instant consignment contract and the form of the provision of labor, etc., the defendant cannot be deemed workers who provided labor to the defendant in subordinate relationship, and thus, the defendant did not have the duty to pay each of the retirement allowances claimed by the plaintiffs.

In fact, the main contents of the instant consignment contract are as shown in attached Table 1 among the consignment contract (Evidence A3) in which the instant consignment contract was entered.

(Provided, in the entrustment contract, Gap refers to the defendant, and Eul refers to each individual of the plaintiffs). The debt collection sources, including the plaintiffs, etc., work in a certain office (branch or sub-branch) designated by the defendant, in principle, except for reasons such as business trip, work at a certain office (branch or sub-branch) designated by the defendant. Ordinary work hours are 09:00, and the retirement hours are 18:30, while the retirement hours are designated as 4 parking days up to 19:30.

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