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(영문) 울산지방법원 2016.01.22 2015가단15305
신탁금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On February 2009, A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) drafted the final benefit type retirement pension rules (hereinafter “instant rules”) that select the Defendant as a retirement pension management agency and asset management agency based on the Act on the Guarantee of Workers’ Retirement Benefits and Workers’ Retirement Benefits.

Article 28 subparagraph 1 of the Rules of this case provides that the retirement pension plan shall be abolished when the grounds for the bankruptcy or the discontinuation of the business of the plaintiff company arise.

B. On June 2, 2009, the Plaintiff Company and the Defendant concluded a conclusive benefit type retirement pension management agreement (hereinafter “instant operational management agreement”) based on the instant agreement.

Article 21(4)2 of the Operation and Management Contract of this case provides that the termination shall be treated as a special termination in case of early termination due to the bankruptcy or closure of the business place operated by the Plaintiff Company.

C. Around June 2, 2009, the Plaintiff Company and the Defendant concluded a trust agreement with the Plaintiff Company as the truster, and the Defendant as the trustee, on the asset management of the defined benefit type retirement pension (hereinafter “instant trust agreement”).

Article 17(1)2 of the instant trust agreement provides that where an early termination is made due to the bankruptcy or closure of the business place operated by the Plaintiff Company, the special intensive termination shall be deemed to be made. Article 22(1) and (2) of the instant trust agreement provides that the trustee does not return the trust property to the truster, but the trustee shall sell the trust property and return it to the truster in cash in accordance with the notification of the operating and management agency, if the grounds for returning the trust property to the truster arise.

Plaintiff

On June 2, 2009, the Company entrusted KRW 113 million to the Defendant under the instant agreement, operational management agreement, and trust agreement.

(hereinafter “instant trust property”) e.

Plaintiff

Company shall be a company on December 2009.

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