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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. 1) The Plaintiff was listed on the KOSDAQ market around July 2001, and was delisted on April 3, 2012. The Defendant and the Co-Defendant B of the first instance trial worked for the Plaintiff as the Plaintiff’s director from February 10, 2012 to February 10, 2015. 2) The Plaintiff acquired 1,269,841 shares, and 1,275,685 shares on April 8, 201, respectively, and acquired 2,545,49 shares (i.e., 1,269,841 shares, 1,275 shares, and 685 shares (hereinafter “instant shares”).
3) The instant shares were exempted from the duty to submit a registration statement under the condition that they be protected by the Korea Securities Depository for one year during the process of issuance. Since F had already been designated as management issues around March 201, F had to be subject to the provisions that impose a duty of continuous possession for six months after the date of additional listing for capital increase with respect to the instant shares issued by a third party, such as the instant shares. However, the Plaintiff, around July 28, 201, during the period of continuous possession (hereinafter “G”).
(4) As to the instant shares by providing the right to claim the return of the instant shares as a security for transfer, the Plaintiff was subject to sanctions such as “one-year extension of the period of protection.” From May 19, 2011 to November 18, 2012, the said 1,275,658 shares were either established or extended from May 26, 201 to November 25, 2011, and each period of protection was established or extended from May 26, 2011 to November 25, 2012.) The Plaintiff held a board of directors on April 20, 2012 at H (hereinafter “H”) to transfer the instant shares in KRW 1.5 billion (hereinafter “the instant resolution by the board of directors”). The Defendant and B attended the Plaintiff’s resolution as a director at the time, and consented to the transfer of the Plaintiff’s name and seal.
5) On the same day, the Plaintiff entered into a contract under which H and the instant shares are transferred in KRW 1.5 billion (hereinafter “instant sale”) pursuant to the resolution of the board of directors in the instant case.
F. F.