1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

1. Basic facts

A. The Defendant (hereinafter “Defendant”) is a stock company that runs the debt collection business, etc.

B. The Plaintiff entered into an entrustment contract with the Defendant Company for the collection of claims and entered into between May 3, 2004 and January 1, 2012, and only the Defendant Company on January 2, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 10, 11, 13 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 3 and 6, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff entered into an entrustment contract with the Defendant formally, but, in substance, provided labor for the purpose of wages in subordinate relationship with the Defendant, such as receiving considerable command and supervision from the Defendant in the performance of duties, and thus constitutes workers under the Labor Standards Act.

Therefore, the defendant is obligated to pay to the plaintiff a retirement allowance of 56,406,996 won and damages for delay under the Guarantee of Workers' Retirement Benefits Act.

B. The Plaintiff is a free business entity who entered into an entrustment contract with the Defendant for collecting claims, and is not an employee under the Labor Standards Act under the command and supervision of the Defendant as subordinate to the Defendant for the purpose of wages.

Therefore, the defendant is not obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiff.

3. Determination

A. Whether the Plaintiff is a worker under the relevant legal doctrine ought to be determined depending on whether a contract, regardless of whether the contract is an employment contract or a delegation contract, actually provides an employee with labor in a subordinate relationship for the purpose of wages.

Whether or not a subordinate relationship is ① the employer determines the content of the work, whether or not the employer directs and supervises it in the course of performing the work, ② the rules of employment.