A. The Plaintiff requested the Defendant to sell the unlisted stocks of C, a stock company that he owns (the issue number D, hereinafter “instant shares”), and transferred total of 780,000 shares to the Defendant four times as follows.

On January 24, 2014, C 100,000 Plaintiff’s Samsung Securities C 100,000 on June 8, 2015, “80,000” on June 17, 2015, “30,000” in the Defendant’s substitute securities G 300,000 “40,000” on July 20, 2015.

B. On June 8, 2015, the Defendant remitted to the Plaintiff KRW 5,800,000 per share (i.e., KRW 290 per share x 20,000), KRW 5,800,000 on June 9, 2015 (i.e., KRW 290 per share x 20,000 per share), and KRW 50,000 on August 24, 2015 (= KRW 250 per share x 20,000 per share).

C. On September 14, 2015, the Plaintiff requested the Defendant to settle the sales price of the shares and return the outstanding shares.

On November 10, 2015, the Defendant returned 80,000 shares of this case to the Plaintiff.

E. As of the closing date of pleadings, the Defendant did not own the instant shares.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including the number of branch offices), Eul evidence No. 1-4, the result of the submission of each financial transaction information to Samsung Securities Co., Ltd., Samsung Securities Co., Ltd., and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the sales price equivalent to 240,000 shares (780,000 shares transferred by the defendant to the plaintiff - 240,000 shares sold by the defendant - 80,000 shares that the defendant returned to the plaintiff) and damages for delay, according to the plaintiff's claim for return, as commission agent of the shares of this case, unless there are special circumstances.

B. The Defendant’s assertion 1) The summary of the Defendant’s assertion is as follows: (a) the Plaintiff’s assertion is not more than I but not more than the instant shares.