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(영문) 서울고등법원 2017.01.19 2015나2005369
손해배상(기)
Text

1.The judgment of the first instance, including the primary claims added at the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Basic facts

A. On July 30, 2007, the Plaintiff entered into a specified money trust contract with the Defendant Bank. (1) On July 30, 2007, the Plaintiff was solicited by the Defendant Bank, which was the site location location of the Defendant Bank C branch through the Plaintiff’s husband F, on July 30, 2007. (1) Trust amount: 10,000,000 won: (2) Trust period: from July 30, 2007 to February 13, 2009 (2) Trust Period: from July 30, 2007 to February 13, 2009 (2.14, 2009; 0.40% per annum on the average trust amount; 40% per annum on the average trust amount: Other securities (Korean Special Asset Investment Trust No. 3; hereinafter “instant trust product”).

2) Two specified money trust agreements (Account Number: D, E, and hereinafter referred to as “instant trust agreement”).

2) The main contents of the instant trust agreement are as follows.

Article 6 (Operation of Trust Property) (1) A (trustee, Plaintiff) shall select the method of operation from among the methods of operating trust funds (attached Form 1) and instruct to enter the details of the back trust agreement into the trust agreement, and shall operate the trust funds in accordance with this instruction.

(5) A trustee shall extend the period of the trust or terminate the trust deposit after the termination of the trust.

Where there is no hearing, trust money may be operated in the manner prescribed in paragraph (1).

Article 15 (Calculation and Payment of Profits) (1) This trust may be added to the original on the day following the end of the trust or paid at the request of a beneficiary.

1. The day immediately following the end date of the trust deed;

2. The day after every (one month) month from the trust deed, and the day following the expiration date of the trust deed.

3. Other provisions of Article 19 (Termination of Trust) (1) When this trust is terminated, the trustee shall prepare a final account statement and deliver the trust property to the beneficiary after obtaining approval of the beneficiary.

Provided, That where it is impracticable to liquidate and recover the trust property among the trust property in operation, or where there are other unavoidable circumstances, the trust property in operation shall be delivered as the current status.

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