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1. The judgment of the court of first instance is modified as follows.
2. The defendant,
A. The shares listed in the attached Table 1 to the Plaintiff A.
Reasons
1. Basic facts
A. The plaintiff A is the two-borns of the defendant, the plaintiff B is the defendant's pro-wins of the defendant.
B. From August 201, the Plaintiffs and the Defendant deposited shares with the introduction of Plaintiff A, and at the time, Plaintiff A and the Defendant deposited KRW 50 million into the same comprehensive financial securities in the name of Plaintiff A and managed the same amount of KRW 100 million, respectively.
(Investment ratio according to the above investment amount is 1:2:2. However, since the price of the shares invested around April 2013 has not increased, there was no subsequent transaction but until June 15, 2015.
C. D Co., Ltd. (hereinafter “instant company”) operated as the Defendant’s branch of G (hereinafter “instant company”) issued convertible bonds with a fixed period from June 18, 2015 to June 16, 2018, with the conversion price as KRW 500 per share; and the conversion period from June 18, 2016 to June 16, 2018. The Defendant, who became aware of the instant lawsuit, decided to invest in the instant convertible bonds.
Plaintiff
B transferred KRW 40 million to the Defendant on June 10, 2015. However, on June 18, 2015, the Defendant acquired the said convertible bonds in the name of the Defendant by aggregating the said KRW 40 million and its own money (hereinafter “first convertible bonds”).
E. On June 15, 2015, Plaintiff A sold 59,415,100 won of the shares held in the securities account as stated in the foregoing paragraph (b), and then remitted KRW 50 million to Plaintiff B. Plaintiff B used the aforementioned remittance money, thereby acquiring KRW 50 million of the said convertible bonds (hereinafter “instant convertible bonds”) in the Plaintiff’s own name on June 18, 2015.
F. On January 11, 2018, the Defendant and the Plaintiff B converted the instant convertible bonds into stocks according to the original conversion price. Accordingly, the Defendant would have 200,000 shares of the instant company (10,000 won per share), and the Plaintiff B would have 10,000 shares of the instant company (50,000 won per share).