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1. The Defendant shall pay to the Plaintiff KRW 21,211,158 and a rate of KRW 20% per annum from September 15, 2013 to the date of complete payment.
Reasons
1. Basic facts are the Defendant’s companies engaged in debt collection and credit investigation. The Plaintiff entered into a delegation contract with the Defendant, and the Defendant’s branch located on the fourth floor of the Seoul Jung-gu building from August 1, 2009 to August 31, 2013 (hereinafter “the instant branch”).
[Ground for recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. Determination
A. The gist of the Plaintiff’s assertion is that the Defendant is obliged to pay the retirement allowance to the Plaintiff, since the Plaintiff worked as a debt collector and provided labor to the Defendant in the employment-subsidiary relationship, such as receiving specific command and supervision from the Defendant
B. In the delegation contract entered into between the Plaintiff and the Defendant, the Plaintiff is unable to perform the duties of another claims collection agency other than the Defendant, and the contract may be terminated when the grounds for termination under the terms of the contract occur. The Plaintiff is a free occupation worker who performs the duties delegated by the Defendant and receives the prescribed fees according to the performance of such duties, and is not a contract for delegation under Article 680 of the Civil Act, not an employment contract, and the rules of employment, etc. other than this contract, are excluded from the application of the rules of employment, and the matters not specified in the contract are subject to the delegation operation rules determined by the Defendant. The main contents of the delegation operation rules determined by the Defendant are as follows. Article 12 (Provision of Data and Use of Facilities) Company may provide the delegation position with all materials necessary for the delegation activities, and allow the delegation position to use those materials, such as offices, telephone,O/A equipment, etc.
1. This paper.