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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The status of the parties, etc. 1) The bankrupt corporation A (hereinafter “Bankruptcy Company”)
(2) The Plaintiff was declared bankrupt on February 19, 2013 by Busan District Court 201Hahap1, and on the same day, the Plaintiff was appointed as the bankruptcy trustee of the bankrupt company. (2) From around 2000 to the time the bankruptcy was declared, D is a person who worked as the representative director of the bankrupt company.
3) On January 1, 2009, the Defendant is a company engaging in all banking business as stipulated in the banking business. (b) The bankruptcy company, including the conclusion of a trust contract for asset management of retirement pension between the bankrupt company and the Defendant, entered into a defined benefit type retirement pension plan (hereinafter “instant retirement pension plan”) prescribed in the former Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 1039, Jun. 4, 2010; hereinafter “Retirement Benefits Act”) with the Defendant to operate the defined benefit type retirement pension plan (hereinafter “instant retirement pension plan”). The main contents of the instant contract are as follows.
§ 5 (Beneficiary) ① Beneficiary of the original and interest of this trust shall be a person who is or was a subscriber as stipulated in the Pension Regulations.
Article 12 (Payment of Trust Money) (1) When a ground for payment of retirement benefits occurs to a beneficiary, the trustee shall sell trust property and pay it in cash to the beneficiary as notified by the operating management institution.
Article 17 (Termination) (2) In cases of early cancellation due to any of the following reasons, it shall be treated as general termination:
1. Where a truster discontinues or suspends a retirement pension plan with the consent of the beneficiary. (4) If the trust is terminated earlier, the trustee shall sell the trust property and pay the trust money to the beneficiary in cash in accordance with the notification of the operating and management agency
Article 22 (Return of Trust Property) (1) A trustee.