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1. As to Defendant B’s KRW 342,166,989 and its KRW 92,166,989, Defendant B shall be from April 26, 2018 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B retired while serving as a fund manager in D Co., Ltd. (hereinafter “D”).
The Plaintiff and Defendant C have opened a securities account in D and traded securities through Defendant B.
B. (1) On January 9, 2017, the Plaintiff: (a) issued shares of FF shares (hereinafter “F shares”) in the D Securities Account (Account Number: E) under one’s own name on January 9, 2017.
(2) On January 16, 2017, Defendant B sold 89,000 shares out of the F shares as stated in paragraph (1) of this Article, and on the same day, issued shares of G Co., Ltd (hereinafter “G shares”) with the purchase price.
(3) Defendant B sold 31,567 shares of G shares owned by the Plaintiff, including G shares listed in the foregoing paragraph (2) on January 19, 2017, and purchased 21,000 shares of H (hereinafter “H shares”) with the purchase price.
(4) On March 3, 2017, the Plaintiff deposited KRW 100,00,000 in the Plaintiff’s securities account in the name of the spouse, and Defendant B purchased KRW 20,529,00 in the amount of KRW 36,93,00,00 in the amount of KRW 30,000 in the amount of the purchase price. Defendant B, on February 2, 2017, demanded the Plaintiff to sell KRW 35,00 in the amount of the H shares as stated in paragraph (3) to Defendant C, and then deposited the said KRW 35,00 in the securities account in the name of Defendant C. Meanwhile, on March 3, 2017, the Plaintiff deposited KRW 10,000 in the Plaintiff’s securities account in the name of the spouse, and Defendant B purchased KRW 20,529 in the amount of the G shares.
Defendant B requested the Plaintiff to additionally pay KRW 100,000,000 as the purchase price of G shares. However, as the share price of G shares continuously drop, the Plaintiff refused such request and transferred the share 20,529 shares of the above G shares to the securities account (hereinafter “J”) account in the name of J Co., Ltd. (hereinafter “J”) on April 20, 2017.
C. L lending 1) On August 12, 2016, the Plaintiff lent KRW 360,000,000 to Defendant B, and paid KRW 341,250,000 after deducting interest from interest. 2) Defendant B due date for repayment for KRW 400,000 L and KRW 400,000 on January 9, 2017.