1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Basic Facts

The plaintiff is a major shareholder of the plaintiff who has worked as a director or an intra-company director from December 28, 2005 to May 28, 2013.

On March 8, 2013, the Defendant purchased KRW 854,700 with warrant issued by the Plaintiff (hereinafter “instant bonds”) and entered into a contract with D to transfer 9 million common shares (hereinafter “instant common shares”) with the Plaintiff’s right of management on March 28, 2013, and received KRW 1,00,000 from the instant common shares on March 28, 2013, the Defendant transferred KRW 9,000 among the instant common shares on March 28, 2013, and received KRW 1,00,000 on the same day.

4. 15. 3.6 million shares were transferred, 4.248 billion won on the same day, and the same year.

5. The same year as KRW 4.6 billion on the same day after transferring 4.5 million shares around 23.2

6.4.7 billion won was paid.

On March 4, 2015, under Article 172 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”), Article 195(2)2 and (3) of the Enforcement Decree of the said Act, and Article 6 of the Regulations on Return of Short-Swing Profit and Investigation into Unfair Trading, etc., the Financial Supervisory Service notified the Plaintiff of the acquisition of the short-swing profit calculated by converting the same into the ordinary class price (764 won) on the date of purchase of the instant bonds and the ordinary class price (854,700 shares) of the conversion into the common class price (854,70 won) of the date of purchase of the instant bonds, 350,512,470 won [416 won (sale unit price 1,180 won - unit price of purchase 764 won) 】 854,700 weeks - 5,04,042,730 won in aggregate of trading tax, securities transaction tax

Accordingly, on May 21, 2015, the Plaintiff urged the Defendant to return short-swing profits up to the 29th day of the same month by content-certified mail.

관련 법률 ▣ 자본시장법 제172조(내부자의 단기매매차익 반환) ① 주권상장법인의 임원(「상법」 제401조의2 제1항 각 호의 자를 포함한다. 이하 이 장에서 같다), 직원 직무상 제174조 제1항의 미공개중요정보를 알...