logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.22 2016나9406
추심금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On December 30, 200, 200, Solo Media Co., Ltd. (hereinafter “ Solo Media”) concluded a retirement trust agreement with the trustor, i.e., Solo Media, Cho Heung Bank, Co., Ltd., and the beneficiary, providing the trustor with "worker on the subscriber list submitted by Solo Media (hereinafter “instant trust agreement,” and the relevant account was referred to as “the instant trust account”).

(B) On April 1, 2006, Cho Ho Bank was merged with a new bank that was a stock company and changed the name of the defendant.

The part relating to the instant trust agreement in the instant case is as follows.

Article 19 (Termination) (1) In cases of early termination due to any of the following reasons, I shall be treated as special termination:

2. Article 23 (Final Calculation and Delivery of Trust Money) (1) When this trust terminates or terminates, the trustee shall pay the trust money for termination to the beneficiary an amount calculated by multiplying the estimated amount of retirement allowance by the reserve ratio (the ratio of trust money to the estimated amount of retirement allowance at the time of termination) within the estimated amount of retirement allowance by 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 delivering trust property to the beneficiary as a result of the final calculation under Article 23, where the amount of deduction under Article 26 occurs, or where any excess amount under Article 27 (3) occurs, he/she shall return the residual property, mutual aid money, and excess property to the truster.

The right to benefit from the trust money of Article 40 (Prescription of Trust Money) If it is not exercised for ten years from the time it is possible to exercise that right, the extinctive prescription shall expire.

C. On July 6, 2009, the Plaintiff: (a) the Seoul Central District Court Decision 2009Da71285 Decided July 6, 2009, hereinafter referred to as the “Woman Media”) was 36 million won for the Plaintiff, and that on July 14, 2009.

arrow