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1. The Industrial Bank of Korea deposited by the Seoul Central District Court No. 13808, Jul. 18, 2012 70,904,881.
Reasons
1. Basic facts
A. On May 2, 2005, the Defendant sold the entire shares of B to the Plaintiff at KRW 2 billion on May 2, 2005 as the representative director of B Co., Ltd. (hereinafter “B”) and one de facto shareholder, and retired from the office of representative director B after resignation.
B. The Plaintiff purchased shares from the Defendant as above, and merged B on November 23, 2005, as a stock company manufacturing and selling telecommunications equipment.
C. On December 31, 2001, B concluded a retirement trust agreement with the Industrial Bank of Korea as a trustee (hereinafter “instant retirement trust agreement”), and relevant contents are as follows.
Article 1 (Purpose of Trust) The truster shall trust the trust money for the purpose of paying the retirement allowance at the time the beneficiary causes the payment of the retirement allowance, and the trustee shall accept it for the management, operation and payment of this trust money.
§ 4 (Beneficiary) (1) The beneficiaries of this trust shall be those entered in the list of subscribers submitted by the truster, and the list of subscribers shall include all persons entitled to receive retirement allowances in the future in accordance with the provisions relating to retirement allowances of the truster.
(2) A beneficiary referred to in paragraph (1) shall be deemed to acquire the right to benefit when the grounds for payment of retirement benefits arise.
Article 5 (Trust Period) The period of this Trust shall be from the trust contract date to the termination date or last day of the trust contract.
§ 23 (Final Calculation and Delivery of Trust Money) (1) When this trust terminates or terminates, the trustee will pay the termination trust money to the beneficiary an amount calculated by multiplying the estimated amount by the reserve ratio (ratio of trust money to the estimated amount of retirement benefits at the time of termination) within the limits of the estimated amount of retirement benefits for each beneficiary.
Article 28 (Return of Trust Property) (1) The trustee shall not return the trust property to the truster.
(2) Notwithstanding paragraph (1), where any residual property exists after the trust property is delivered to the beneficiary as a result of the final calculation under Article 23.