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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 10, 2007, the Plaintiff subscribed to Schlage’s 19,801,981, deducting KRW 355,731,00,000 from KRW 30,000,000,000,000 of the invested principal, to Schlage’s 29,644,269,000,000,000 from sales commission (hereinafter “instant 1 account”) or its shares-type investment trust-type (A) account (hereinafter “instant 2 account”). The Plaintiff joined Schlage’s 19,801,981, which deducts sales commission of KRW 198,00,00 from KRW 20,000 of the invested principal.
B. On April 28, 2017, the Plaintiff filed an application for redemption with respect to the instant First and Second Accounts. Accordingly, on May 16, 2017, the Defendant Bank paid KRW 260,640 as income tax and KRW 25,156,815 as income tax and KRW 26,060 as income tax and KRW 17,30 as income tax and KRW 16,592,109 as income tax for the instant Second Accounts after withholding KRW 173,00 as income tax and KRW 17,30 as income tax.
[Ground for Recognition: Facts without dispute, entry in the evidence of subparagraphs 1 through 6]
2. The Plaintiff’s assertion was the cause of the instant claim. On October 10, 207, the Defendant’s employee intended to subscribe to the term deposit at the office of the Korea Exchange Bank (the “Korea Exchange Bank”) branch (the “Korea Exchange Bank”) branch on April 28, 2007, but solicited the Defendant’s employee to subscribe to the Fund and opened the Fund Nos. 1 and 2 accounts with a higher profit than the term deposit. Since the price of the Fund has continuously decreased one week thereafter, the Defendant bank demanded the termination of the Fund and the refund of the deposit money, but the employees of the Defendant bank continued to have continued to change immediately, even if they were to change again. However, the fact that the Fund was the principal of the 10-year loan, the Plaintiff’s waivered the Plaintiff’s waiver, and the Plaintiff applied for termination on April 28, 2017, and the amount of the investment principal at KRW 50 million to KRW 8,251,076 (including KRW 407,74798).78).