1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On January 23, 2017, the Plaintiff transferred C’s shares 7,446,365 shares issued by the Plaintiff (hereinafter “instant shares”) from the Plaintiff’s securities account to the Defendant’s securities account.

B. On March 27, 2017, the Plaintiff returned 3,700,000 shares of the instant shares from the Defendant, and transferred D on the same day to D 980,500,000 shares (=265 won per share x 3,700,00 shares).

[Ground of recognition] Unsatisfy, entry of evidence A3 and 4, purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is the primary claim of this case, and the following claim is selectively sought.

On January 2017, the Plaintiff requested restitution following the cancellation of the delegation contract, which delegated the Defendant with the business of raising funds as security for the instant shares, and transferred all of the instant shares to the Defendant’s securities account.

If the Plaintiff transfers the shares of this case to the Defendant under the delegation contract, the Plaintiff agreed to provide the Defendant with a security by means of possession transfer of share certificates after the Defendant received the share certificates, and pay the Plaintiff with the loan, and sell the shares to another person or transfer the shares to another person in the future.

However, the Defendant, upon receiving a loan of KRW 1 billion with the instant shares as collateral, voluntarily consumed the instant shares without paying to the Plaintiff.

The plaintiff requested the defendant to recover the shares of this case, and ordered the defendant to recover the remaining shares of 3,700,000 won per share and 265 won per share of D. However, the defendant refused to recover the shares due to the lack of funds to be paid to the bond company.

Accordingly, the plaintiff cancels the delegation contract by serving a duplicate of the complaint of this case on the ground of the defendant's non-performance of delegation contract.

In addition, the defendant's refusal to return the remaining shares on April 17, 2017, when the defendant expressed his/her intention of non-performance or non-performance.