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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the following facts: Gap evidence Nos. 1 to 4, Eul evidence No. 1 to 3, as well as the fact inquiry results to C Co., Ltd. (hereinafter referred to as "C") of this Court:
The defendant is a person who has served as a director of C's financialPB business division in the intention of leisure from November 12, 2012 to November 11, 2013.
B. Around November 2012, the Plaintiff became aware of the Defendant through the introduction of Ma, and around the 15th day of the same month, the Plaintiff first opened a comprehensive account in C via the Defendant, and traded shares through the stock account (F) opened together.
C. Around January 24, 2013, the Plaintiff opened a new general account (G) in C, and opened a stock account (H) and a futures option account (I).
At the time, the Plaintiff was holding only shares in the existing stock account (F), but it was possible to use shares as a substitute bond, and it was also possible to designate another account under the name of the same person as a consolidated account for the designation of substitute securities, so the Plaintiff designated the existing stock account (F) and a new futures account (I) as a consolidated account with the opening of a new account without any need for this jurisdiction and designated a part of shares (amounting to KRW 40 million) as a substitute bond.
E. However, the Plaintiff deposited KRW 20 million in cash deposit since the securities alone are not a new futures option transaction and a certain amount of cash deposit was required. Since then, the Plaintiff deposited KRW 20 million in cash deposit and KRW 40 million in total after the establishment of a futures option account, based on the amount assessed at KRW 60 million in total, the Defendant traded the futures option transaction upon delegation from the Plaintiff, based on the amount assessed at KRW 60 million in cash deposit and KRW 40 million in total.
F. Since March 2013, the Plaintiff: (a) designated documentarycom remaining shares in the existing stock account; and (b) designated the remaining shares as substitute securities on or around the 20th day of the same month; and (c) sold each of the said shares thereafter.