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1. The Defendant shall start on March 15, 2017 to Plaintiff A with respect to KRW 25,090,58, KRW 14,183,69, and each of the said money.
Reasons
1. Basic facts
A. On November 26, 1999, the Defendant is a company engaged in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”).
B. On February 1, 2010, Plaintiff A entered into a business delegation agreement with the Defendant for debt collection (hereinafter “instant business delegation agreement”) on October 4, 2012, and Plaintiff B retired from the Defendant on February 28, 2017, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, 8, Gap evidence 2-4, 10-10, the purport of the whole pleadings
2. The plaintiffs asserted that although the formal title of a contract is a delegation contract, the plaintiffs provided labor to the defendant in a subordinate relationship with the purpose of wages, the defendant is obligated to pay the amount of money claimed to the plaintiffs as retirement allowances under the Labor Standards Act.
In regard to this, the defendant asserts that the defendant is not an authorized person who entered into a debt collection delegation contract with the defendant and performed duties, and that the defendant is not an employee who provided labor under the defendant's direction and supervision, and therefore, the defendant is not obligated to pay a retirement allowance. Even if the plaintiffs are workers in domestic affairs, the plaintiffs' claim for a retirement allowance cannot be permitted against the good faith principle,
3. Determination
A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a delegation contract is in substance, depending on whether a worker provided labor to an employer for the purpose of wages in a business or workplace. Here, subordinate relationship is determined.