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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 15, 2009, Defendant D entered into a contract with the Plaintiff bank to acquire part of the Plaintiff bank’s own stocks at a cost, which was the representative director and the major shareholder of the Plaintiff bank.
On June 24, 2009, the Governor of the Financial Supervisory Service urged the Plaintiff bank to give severe warning and caution due to the invalidation of the acquisition of its own shares and the violation of relevant regulations, and Defendant D decided to reinstate the same.
B. On the other hand, on September 21, 201, the Plaintiff bank purchased 140,000 shares (Defendant B80,000 shares, Defendant C60,000 shares) of Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant EF Asset Management Co., Ltd. (hereinafter “Defendant EFC”) owned by Defendant C at KRW 700,00.
(hereinafter “instant sales contract”). C.
From April 26, 2012 to June 8, 2012, the Financial Supervisory Service inspected the Plaintiff bank. On September 30, 2011, the Financial Supervisory Service determined that KRW 700 million out of the paid amount when Defendant D purchased its own stocks from the Plaintiff bank was finally determined as the funds that the Plaintiff bank spent when it purchased its own stocks on September 21, 201.
Defendant D, in purchasing its own stocks owned by the Plaintiff bank, had the Plaintiff bank purchase its own stocks under the name of Defendant C, and paid the purchase price of the stocks to Nonparty E via Defendant C, and Defendant D loaned the purchase price of the above stocks from Nonparty E to use it as a fund for repayment of personal debt incurred in the process of purchasing the Plaintiff bank’s own stocks. Defendant D, on September 21, 201, intended to purchase KRW 140,000 of the shares of Defendant AP Asset with KRW 70 million in the name of Defendant C, and had the Plaintiff bank purchase KRW 140,000 of the shares of the Plaintiff bank with KRW 70 million in the name of the representative director of the Plaintiff bank as the representative director of the Plaintiff bank and received credit extension as the other party.