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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. The Plaintiff and the Defendant are companies running financial investment business under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).
B. On November 21, 2013, the Plaintiff entered into a specified money trust agreement with the Defendant on KRW 48,204,794,030, with the Plaintiff’s employees C, with the method of operating trust funds in the manner that the Defendant determines “A1 grade or higher CP (referring to an asset-backed commercial bill with the weak class ABCP) and the management of short-term products” and concluded a specified money trust agreement at least 35 times until July 21, 2015, with the Plaintiff’s employees C, as indicated in the attached Form No. 1 through 35 parts of the attached Table of Contracts, with respect to the ABCP designated by the Plaintiff, only the trust amount different from the Defendant, by which the Defendant would operate the trust funds.
C. Upon entering into a specified money trust contract with the same method as on November 23, 2015, the Plaintiff and the Defendant added a provision on the profit remuneration of “100% for profit with respect to the return on profit above 1.93%,” which is the special agreement, and the same provision on the profit remuneration of this case differs from the rate of return, which is the conditions for the return on profit, over 22 occasions except for the two-time contracts signed on March 24, 2016 without any special agreement on the profit payment (hereinafter “each trust contract of this case”).
(D) The Defendant has entered into a specified money trust agreement, which includes the foregoing money trust agreement. D. The amount in excess shall be exceeded in the 21-time contract, which was concluded on March 22, 2016 (excluding part 41 of the entry into the attached Table of Contracts) with the exception of each part of the 22-time contract, which did not generate any profit higher than the return rate set out in each of the respective contracts of this case.