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(영문) 서울중앙지방법원 2018.08.29 2018나19582
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The Plaintiff’s ground of appeal citing the judgment of the court of first instance is not significantly different from the assertion by the court of first instance, and even if the evidence duly admitted and investigated by the court of first instance, the fact-finding and judgment by the court of first instance are deemed legitimate, even if the evidence No. 11 and 12 were additionally examined by the court of first instance.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the addition of the following “2. Additional Determination” as to the Plaintiff’s argument, and therefore, it is consistent with the reasoning of the judgment of the first instance. As such, it cited this as it is in accordance with the main sentence

2. Additional determination

A. The purport of the Plaintiff’s assertion is that the trustee shall perform the trust affairs with the care of a good manager under Article 32, 33, or 34(1)5 of the Trust Act, Article 32 of the Trust Act (trustee’s duty of care).

Provided, That the deed of trust shall govern, if it prescribes otherwise.

Article 33 (Duty of Grievance) A trustee shall perform trust affairs for the benefit of the beneficiary.

Article 34 (Prohibition of Conduct against Interests) (1) A trustee shall be prohibited from doing any of the following acts in any name:

5. Where a trust company violates any other act contrary to the beneficiary's interest, and a trust company under Article 33 of the Regulations on the Supervision of Trust Business (Prohibition of Unsound Business Conduct) of the Regulations on the Supervision of Trust Business prescribed by Articles 33 and 34 of the Regulations on the Supervision of Trust Business shall be prohibited from engaging in any of the following unfair trust transactions, etc.:

1. Restricting the use of funds of a borrower, etc. or increasing financial expenses by compelling the borrower, etc. to subscribe to trust or bank accounts, installment savings, etc. in connection with the management of trust funds, such as trust loans, purchase of securities, etc.;

5. An act unfairly infringing on the rights and interests of interested parties, such as customers and beneficiaries, or feared to disrupt sound order in financial transactions. (1) A trust company shall be trust companies.

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