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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. Party status C Co., Ltd. (hereinafter “the bank of this case”) is a savings bank established under the Mutual Savings Banks Act and engaged in business such as credit installment savings, general loan, etc., and D, the Plaintiff’s partner, the Plaintiff, and the Plaintiff’s partner, holds 2,800,000 shares in total issued stocks of the bank of this case: 24: 38: Defendant 672,000 shares, Plaintiff 1,064,000 shares, and D1,064,00 shares, and D is the representative director of the bank of this case.
B. 1) The Plaintiff’s termination of the term deposit in the name of the Plaintiff is the Plaintiff’s 29 term deposits in the instant bank as shown in the attached Table 1 (hereinafter “instant term deposits”).
(2) On July 31, 2014, the instant bank deposited KRW 2,980,51,500,000 in total, but the Defendant filed an application for withdrawal of KRW 3,130,51,500 on behalf of the Plaintiff for the cancellation of the instant term deposit and the withdrawal of the principal and interest up to that time. (2) On July 31, 2014, the instant bank deposited KRW 2,980,51,500 in the account of the Korea Development Bank in the name of the Plaintiff (Account Number E) through the payment reserve account of the Daegu Bank and the Korea Development Bank on behalf of the Plaintiff, and deposited KRW 150,00,000 (= KRW 3,130,51,500), and paid the remainder to the Defendant with the check.
3) On July 31, 2014, the Defendant opened four transferable certificates of deposit in the name of the Plaintiff on behalf of the Plaintiff, and deposited the said KRW 2,980,51,500 on behalf of the Plaintiff. On the same day, the Defendant opened an additional account of the 57 certificate of deposit in the name of the Plaintiff, and deposited the total amount of KRW 48,861,50 for each account in the account of the 61 certificate of deposit in the name of the Plaintiff. (C) On September 42, 2014, the instant bank decided to pay dividends of KRW 500 per share with the face value of KRW 10 per share at the 42 regular general meeting of shareholders at the 42th regular meeting of shareholders.
2) On October 2, 2014, the instant bank: (i) KRW 532,00,000 of the dividends against the Plaintiff at the Defendant’s request by the Plaintiff who represented the Plaintiff on October 2, 2014.