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(영문) 전주지방법원 2011.10.12 2011가합107
퇴직금
Text

1. The defendant, from December 26, 2009 to the plaintiff A, 38,379,726 won and its related costs, and from December 26, 2009 to the plaintiff B, 26,330,568 won and its related costs.

Reasons

1. Basic facts

A. On July 31, 200, Plaintiff A joined the National Agricultural Cooperative Federation (hereinafter “CF”) as a debt collector and engaged in claims collection business.

B. On August 2002, agricultural cooperatives established the Defendant Company, which is a company specializing in debt collection through the investment of agricultural cooperatives, in order to efficiently support the reorganization of non-performing loans and assets acquired from non-performing loans held by agricultural cooperatives and the National Agricultural Cooperatives Federation in accordance with the Act on the Structural Improvement of Agricultural Cooperatives.

C. Around September 2002, agricultural cooperatives entered into a contract for debt collection delegation (hereinafter “instant debt collection delegation contract”) with the Defendant Company with the following terms and conditions (hereinafter “instant debt collection delegation contract”).

Article 1 (Purpose) of the Delegation Contract for Claims Collection shall delegate the duties of collection of claims to the defendant company to the defendant company; hereinafter omitted. Article 14 (Request for Correction, etc.) If the collection performance of the defendant company is poor or the collection personnel's ability is deemed insufficient, the defendant company may be requested to replace the collection personnel, and if necessary for promoting efficiency in the collection management of claims by the Nonghyup, the defendant company may be requested to correct matters related to the collection affairs.

Section 1 The above contract shall take effect on October 1, 2002.

(2) The claims entrusted to and administered by the Nonghyup Special Team for Recovery of Claims in the Agricultural Cooperatives prior to the effective date of this contract shall be deemed to have been entrusted to the Defendant Company by this section.

3. A person who is serving as a special recovery officer of the collection of the agricultural cooperative before the effective date of this contract shall be transferred to all the defendant companies, except in exceptional circumstances.

Plaintiff

A In accordance with the instant debt collection delegation agreement, on October 1, 2002, between the Defendant Company and the Plaintiff Company on November 1, 2003, between the Defendant Company and the Defendant Company on November 1, 2003, respectively, enter into a contract for performing the instant debt collection business (hereinafter “instant contract for performing the instant debt collection business”), and shall perform the debt collection business for the Defendant Company.

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