1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 1, 2009, a bankrupt company A (hereinafter “Bankruptcy Company”) who engaged in manufacturing business, such as new launch, concluded a defined benefit plan under the former Act on the Guarantee of Workers’ Retirement Benefits (amended by Act No. 10303, May 17, 2010; hereinafter “Retirement Benefits Act”), with the Defendant, a trust agreement for asset management of defined benefit pension plans (hereinafter “instant agreement”).

The main contents of the instant contract are as follows.

§ 5 (Beneficiary) ① Beneficiary of the original and interest of this trust shall be a person who is or was a subscriber as stipulated in the Pension Regulations.

Article 12 (Payment of Trust Money) (1) A trustee shall sell trust property and pay it to the beneficiary in cash, as notified by the operating management institution, at the time a ground for the payment of retirement benefits arises to

Article 17 (Termination) (2) In cases of early cancellation due to any of the following reasons, it shall be treated as general termination:

1. Where a truster discontinues or suspends a retirement pension plan with the consent of the beneficiary. (4) If the trust is terminated earlier, the trustee shall sell the trust property and pay the trust money to the beneficiary in cash in accordance with the notification of the operating and management agency

Article 22 (Return of Trust Property) (1) The trustee shall not return the trust property to the truster.

B. On January 25, 2013, the bankruptcy company reported the abolition of the retirement pension plan under the instant contract to the Busan Regional Employment and Labor Office, and was accepted on January 30, 2013.

C. The instant contract was also subscribed to D, the representative director of the bankrupt company. However, as of January 30, 2013, the retirement pension plan of the bankrupt company was abolished, the trust amount of which is KRW 568,809,036 (hereinafter “instant trust amount”).

On February 19, 2013, the bankruptcy company was declared bankrupt by Busan District Court 2013Hahap1, and the plaintiff on the same day.