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(영문) 서울남부지방법원 2015.11.19 2015나53259
퇴직금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The delegation contract of this case and the delegation management provision (1) The defendant is the defendant under the Credit Information Use and Protection Act (hereinafter "Credit Information Act").

(i) is a company primarily engaged in debt collection and credit assistance business with the permission of the Financial Services Commission in accordance with the Financial Services Commission Act.

On October 1, 2009, the Plaintiff entered into a delegation agreement with the Defendant (hereinafter “instant delegation agreement”) and thereafter, took charge of the management and collection of claims until December 31, 201.

(2) The main contents of the instant delegation contract are as follows.

Delegation Contract 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 to B (Defendant) of the Delegation Contract.

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 declared bankrupt and not yet reinstated;

4. A person under a suspended sentence of imprisonment without prison labor or heavier punishment;

5. In accordance with the Credit Information Act and other Acts and subordinate statutes;

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