1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. After an appeal is filed.

Basic Facts

The parties A Co., Ltd. (hereinafter referred to as “A”) were declared bankrupt on May 11, 2001, and the liquidation procedures were commenced on January 9, 2007, and the rehabilitation procedures were completed on March 25, 2008 upon receipt of a decision to commence rehabilitation procedures by the Seoul Central District Court 2006Kahap16. However, on August 25, 2014, the Seoul Central District Court 2014Kahap146 decided to commence rehabilitation procedures.

A is unable to receive a warranty bond from the Construction Mutual Aid Association after the declaration of the bankruptcy, and as the Defendant bank and other financial institutions have deposited the amount equivalent to a warranty bond in the form of a fixed deposit, and the construction business has been done by setting a pledge on the deposit and issuing a warranty bond from the Construction Mutual Aid Association.

G served as the head of the division in charge of the financial resources of the re-saton team A (from February 1998 to February 2, 2009) and the head of the re-saton team (from March 2009 to July 2009).

H served as the C branch and deputy head of the Defendant Bank with G high school line.

On November 19, 2007, A entered into a specified money trust contract with the new bank (hereinafter “new bank”) in order to keep the reserved amount to be paid to the undetermined rehabilitation creditors according to the rehabilitation plan accepted by the rehabilitation court in relation to A at the time of the commencement of the rehabilitation procedure in 2007.

In addition, A deposited KRW 168,705,460,546 to the trust account established in a new bank.

L, which was a subordinate employee of G and his/her subordinate employee, proposed to the employees of the new bank by forging a payment instruction to deposit part of the above trust money into a deposit account in the name of A opened in the defendant bank in order to appropriate the above trust money from March 4, 2009 to June 26, 2009, and a copy of a withdrawal certificate. The employees of the new bank forged it and presented it to the employees of the new bank. The employees of the new bank believe it as genuine and believed it to be part of the above trust money to the account of A opened in the defendant bank.