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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. From August 29, 2007 to February 5, 2009, the Plaintiff served as a trust director who supervises B Bank (hereinafter “B Bank”) pension trust division (the former name shall be the trust division of the head office or the trust division; hereinafter “trust division”) and retires on March 19, 2010.
B. On November 19, 2007, B Bank concluded a specified money trust contract and a special agreement thereon with the beneficiary in order to protect the rehabilitation creditors of East Asia Construction Industry Co., Ltd. (hereinafter “Dong Construction”) and 142 persons, including the Korea Asset Management Corporation, for which the rehabilitation procedures commenced.
(hereinafter the above specified money trust contract is “the instant trust contract,” and the special agreement thereon. (C)
B Bank paid a total of eight times from March 4, 2009 to June 26, 2009 KRW 89,802,195,138 (hereinafter “instant payment”) to the account of Han Bank Co., Ltd. (hereinafter “I Bank”) established in the name of Dong Construction Co., Ltd. (hereinafter “C, etc.”) by Dong Construction Team C and D (hereinafter “C, etc.”)
(hereinafter “instant accident”). D.
The Defendant: (a) conducted a comprehensive inspection of B Bank from November 22, 2010 to December 24, 2010; (b) conducted a sector inspection from May 25, 201 to May 31, 201; and (c) on July 18, 2012, B Bank incurred loss by unfairly operating the internal control of specified money trust business as follows:
“For the reasons that this case’s trust contract and special agreement were concluded, the trust director was required to notify the Plaintiff of reprimand measures equivalent to the amount of March of the salary reduction.
Gap evidence 1-1, 2, hereinafter referred to as "request for notice of this case"
① In light of the nature of the instant specified money trust contract, a beneficiary shall engage in business operations different from the general specified money trust contract, which does not have any special agreement.