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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 6, 2014, the Defendant discovered that KT ENS partner companies, including KTENS Co., Ltd. (hereinafter “C”), obtained large-scale fraudulent loans from financial institutions as collateral for false sales claims against KTNS.
B. Around February 27, 2014, the Defendant, as the representative director of C, was deemed to have taken over D, the principal offender of the fraudulent loan, and investigated the suspicion of unfair trade in E’s stocks, and discovered the following suspicion.
① Around February 1, 2014, D, the real owner of E, sold shares 898,201 shares via a total of nine accounts, including the name of himself/herself and his/her family, and avoided stock price drop by deeming that the case of fraudulent credit security lending was disclosed and that this would have an adverse impact on E’s financial business, etc. (hereinafter “instant information”).
② From February 3, 2014 to February 6, 2014, F, the executive director of C, became aware of the instant information at the countermeasures conference held by D, and avoided the stock price decline by selling E shares 74,359 shares via an account in his/her name between February 3, 2014 and February 6, 2014.
③ On February 4, 2014, F sent the instant information to the Plaintiffs for use in the sale and purchase of E shares.
C. On March 31, 2015, the Defendant: (a) delivered the instant information to the Plaintiffs from F on February 4, 2014; (b) sold 4,783 shares E through an account in the name of the Plaintiff on February 5, 2014; and (c) avoided losses of KRW 2,00,000 by selling 4,783 shares via an account in the name of the Party; and (b) the Plaintiff Company sold 30,93 shares E through an account in the name of the Party on February 5, 2014 and avoided losses of KRW 9,00,000 by selling 30 shares E through an account in the name of the Party on February 5, 2014; and (c) in accordance with Articles 174(1), 426(5) and 438(4) of the Financial Investment Services and Capital Markets Act; and (c) Article 29 of the Regulations on the Business of the Capital Market Investigation (hereinafter “Rules”).