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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 30, 200, Nonparty Co., Ltd. (hereinafter “Nonindicted Media”) concluded a retirement trust agreement (hereinafter “instant trust agreement”) with Nonparty Co., Ltd., with the truster on the part of the Nonparty Co., Ltd., Ltd., and with the Nonparty Co., Ltd., the truster, the trustee, and the Nonparty Co., Ltd., Ltd., on the part of Nonparty Co., Ltd., Ltd., as indicated in the list of subscribers (as of December 31, 200, 84 employees as of December 31, 200, and 16 employees as of December 18, 2014).
On April 1, 2006, Cho Ho Bank merged a new bank with another corporation and changed the name of the defendant.
B. According to the instant trust contract, when the trust is terminated or terminated, the Defendant, the trustee, shall pay the trust money for termination to the beneficiary an amount calculated by multiplying the estimated amount by the accumulation ratio within the estimated amount of retirement allowances by beneficiary (Article 23(1)), and the trustee shall not return the trust property to the truster, but where any residual property exists after the trust property is delivered to the beneficiary as a result of the final calculation prescribed in Article 23, the trustee shall
(Article 28)
C. The Plaintiff filed an application with the Seoul Central District Court for a payment order claiming payment of retirement allowance of KRW 36,000,000 and delay damages therefor against Nonparty Company as Seoul Central District Court Decision 2009Da71285, and the payment order issued by the above court was finalized on July 6, 2009.
On October 21, 2014, the Plaintiff, based on the original copy of the above executory payment order, received on October 21, 2014, the amount claimed KRW 73,840,000, according to the original copy of the above executory payment order, from the Defendant of the non-party company as attached Form 1. The Seoul Central District Court issued a seizure and collection order on the claims indicated in the claims to be seized and collected, and the above collection order was served on the Defendant on October 24, 2014.
E. As of December 18, 2014, the estimated amount of retirement allowance of the non-party company as of December 18, 2014 is 69,811,114 won, and attachment
2. Of 16 workers listed in the list of subscribers to retirement trust, seven out of the total number of employees were retired from the company and received retirement allowances.
[Ground of recognition] dispute.