1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is the defendant's auditor, and the defendant is the KOSDAQ-listed company that runs the business of manufacturing and selling animal drugs.

On August 28, 2013, the Defendant issued a privately placed separate bonds with warrants (the total face value of KRW 5.5 billion, the exercise price of KRW 4,049, hereinafter “instant B”). On the same day, the Plaintiff acquired from the underwriter of the instant B B a certificate of preemptive rights (the number of common shares that the Defendant’s common shares of KRW 185,230, based on the exercise price of KRW 4,029; hereinafter “instant preemptive rights”) that is separated from the instant BW through over-the-counter trading from the underwriter of the instant B, in approximately KRW 30 million ( KRW 162 per common share to be acquired at the time of exercising the preemptive rights).

On January 28, 2014, the Plaintiff sold 157,008 common shares of the Defendant (hereinafter “instant common shares”) within KRW 9,380,7157 per share.

= (Unit price for sale - unit price for purchase - unit price for sale - unit price for sale - unit price for sale - unit price for securities transaction - unit price for sale: The weighted average of 9,380.7157 won for sale in an ordinary share on January 28, 2014 - unit price for purchase: 3,820 won for purchase converted into the closing price for ordinary share on August 28, 2013 - unit price for sale - unit price for sale: 157,008 Governor of the Financial Supervisory Service assessed the short-swing profits generated in the course of purchase of the instant preemptive right and sale of the instant common share in accordance with the calculation method as follows in accordance with Article 172(1) of the Financial Investment Services and Capital Markets Act and Article 195(2)2 of the Enforcement Decree of the same Act.

On July 7, 2015, the Financial Supervisory Service acquired a short-swing of KRW 837,015,313 in the course of purchasing the instant preemptive right and selling the instant common share, and notified the Defendant of the said fact.