1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 6, 2012, the Plaintiff and the Defendant entered into a contract with C Co., Ltd. (Co., Ltd. (hereinafter “instant company”) (hereinafter “instant company”) with the Plaintiff’s right to manage (hereinafter “instant shares, etc.”) issued with a registered ordinary shares of 3.5 million won, with the Plaintiff’s right to manage the said company (hereinafter “instant shares, etc.”). However, the down payment of KRW 1.8 billion was paid to the Defendant on February 10, 2012, the intermediate payment of KRW 48 billion was paid on May 10, 2012, and the remainder of KRW 3 billion was paid on March 10, 2013, and the ownership of the instant shares was immediately transferred to the Defendant (hereinafter “instant contract”).

B. On the same day, in order to guarantee the obligation to pay intermediate payments and remainder under the instant contract, the Defendant created a pledge on the Plaintiff’s convertible bonds with a face value of KRW 1 billion which the Defendant acquired from the instant company, 3.5 million shares registered ordinary shares issued by the instant company, and 50,000 shares registered ordinary shares issued by E Co., Ltd. owned by the Defendant, which are the subject of the instant contract.

C. According to the instant contract, the Defendant paid the Plaintiff the down payment of KRW 1.8 billion and the intermediate payment of KRW 48 billion on the date of payment agreed upon, respectively, and paid the remainder of KRW 3 billion on March 8, 2013, which is prior to the agreed payment date.

On March 8, 2013, the Plaintiff prepared and issued a certificate of termination of a pledge to the Defendant, who received the balance of KRW 3 billion on March 8, 2013, stating that “I will confirm the receipt of the balance of KRW 3 billion on March 8, 2013 relating to the share purchase and sale contract as of February 6, 2012, and confirm the termination of all the existing pledges established in relation to the share purchase and sale contract,” and the said pledge was terminated on the same day.

The Plaintiff returned to the Defendant’s account the balance of KRW 1 billion paid from the Defendant immediately after the termination of the said pledge right.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 11, 12, Eul 14, and the purport of the whole pleadings.