1. The plaintiff's claim is dismissed.

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

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence 2, 3, 4, and Eul evidence 1 through 7 (including each number, if any).

On August 20, 2015, the Defendant (i.e., acceptance of shares and the preparation of a cash loan agreement, etc.) distributed new shares 1,218,026 shares (hereinafter “instant shares”) issued by Co., Ltd. C (Co. D: hereinafter “C”) by a third party allocation, and Nonparty E procured KRW 1 billion for the subscription price of new shares.

On August 20, 2015, F, one of the representative directors of the Defendant, on behalf of the Defendant, borrowed KRW 1 billion at the maturity of September 20, 2015, at the rate of 24% per annum of interest, and at the interest rate of interest, on behalf of the Defendant. However, in the event that the instant shares are offered as security for the borrowed amount and the borrowed amount is not repaid by the maturity of the borrowed amount, the cash loan agreement with the purport that the instant shares shall be owned by E (hereinafter “the instant loan agreement”) and the share sales contract were respectively drafted.

On September 3, 2015, C received the share certificates of the instant shares, which were subject to compulsory deposit, from the Korea Securities Depository. On September 5, 2016, upon expiration of the compulsory deposit period, C was returned the share certificates of the instant shares.

However, as the Defendant, E, etc. asserted that he is the owner of the instant shares, C deposited the share certificates of the instant shares with the Defendant, E, and G as the principal deposit on October 11 of the same year on the ground that “I cannot know the actual right holder of the instant shares.”

On October 17, 2016, the Defendant filed a lawsuit against E and G to confirm the right to claim the return of deposited goods (hereinafter “the lawsuit to confirm the right to claim the return of deposited goods”) with respect to the said share certificates (hereinafter “the lawsuit to confirm the right to claim the return of deposited goods”). On August 29, 2017, the above court confirmed that “the right to claim the return of deposited goods with respect to the said share certificates exists to the Defendant.”