1. The instant lawsuit shall be dismissed.

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

1. The Defendant, a major shareholder of the Plaintiff’s claim, acquired the Plaintiff’s shares of KRW 1,44,623 during six months from June 20, 2016 to September 13, 2016, and disposed of KRW 960,00 among them, thereby gaining a benefit of KRW 1,160,160,160,000. The Plaintiff sought a return of short-swing profits from the Defendant based on Article 172(1) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

2. Determination as to the defendant's defense prior to the merits

A. The instant lawsuit is unlawful and dismissed as it was brought after the limitation period under Article 172(5) of the Financial Investment Services and Capital Markets Act expired.

B. Determination 1) The return system of short-swing profits under Article 172 of the Capital Markets Act is likely to have used undisclosed inside information in cases where an insider of a stock-listed corporation or KOSDAQ-listed corporation causes an accident to its stocks, etc. within a short period of not more than six months. It is a system that indirectly regulates an insider’s trading of the corporation’s stocks, etc. using undisclosed inside information to indirectly regulate an insider’s trading of the corporation without asking whether the insider actually used undisclosed inside information or whether the insider intended to gain profits by using undisclosed inside information to the insider, thereby recognizing the strict responsibility that the insider should return the profits acquired by using undisclosed inside information to the corporation. The period for the right to claim the return of short-swing profits is an exercise period of judicial or extra-judicial rights and is not the release period for a judicial claim (see, e.g., Supreme Court Decision 2011Da80203, Jan. 12, 2012). According to the above legal principles, in light of the above legal principles, health class, Gap evidence No. 1, No. 2 evidence No. 1 and purport of the Plaintiff’s. 16.