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1. The judgment of the first instance is modified upon the Plaintiff’s request for addition or modification at the trial as follows.
The plaintiff.
Reasons
1. Basic facts
A. On April 15, 2009, Defendant D entered into a contract with Defendant D on behalf of the Plaintiff Bank on the part of the Plaintiff Bank on April 15, 2009, on the part of the representative director and major shareholders of the Plaintiff Bank (mutual name before the change on March 30, 2016: A Co.), which the Plaintiff Bank acquired stocks issued by the Plaintiff Bank owned by Defendant D for a fee.
On June 24, 2009, the Governor of the Financial Supervisory Service requested the Plaintiff bank to give severe warning and caution due to the invalidation of the acquisition of its own shares and the violation of relevant regulations.
B. On September 21, 201, the Plaintiff bank entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), and the Plaintiff bank entered into a contract with Defendant B to purchase (Evidence 2-2) KRW 80,000 shares of KRW 400,000 per share of KRW 400,000 ( KRW 5,000 per share) from among the shares issued by Defendant C Asset Management Co., Ltd. (hereinafter “Defendant AF”) with Defendant B, and between Defendant C and Defendant C, the Plaintiff bank entered into a contract with Defendant C to purchase KRW 60,000 shares of KRW 30,000 ( KRW 5,00 per share) from the shares issued by Defendant C (Evidence 2-2).
(hereinafter the above 140,00 shares of 140,00 shares are collectively referred to as "the shares of this case", and each of the above shares is referred to as "the shares of this case".
Defendant D purchased 29,00 shares issued by the Plaintiff bank from the Plaintiff bank on September 30, 201, to KRW 967,411,000 per share ( KRW 33,359 per share).
(A) Upon examining the Plaintiff bank from April 26, 2012 to June 8, 2012, the Financial Supervisory Service determined that Defendant D paid KRW 700 million out of the share purchase price to the Plaintiff bank, and that the Plaintiff bank paid the share purchase price to Defendant B as the share purchase price.
Defendant D received a summary order (20,000,000 won) from Daegu District Court 2013 High Court 2248, and became final and conclusive on April 11, 2013. The criminal facts of Defendant D are the Plaintiff Bank on September 21, 201.