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(영문) 울산지방법원 2016.01.06 2015가단22877

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an ordinary investor under Article 9(6) of the Financial Investment Services and Capital Markets Act, and the Defendant (hereinafter “Defendant Company”) is a financial investment business entity under Article 8 of the said Act.

B. On May 6, 1994, the Plaintiff opened a securities account at the Defendant Company B’s branch, and traded shares from that time.

C. C as a branch employee of Defendant Company B, from July 2009, brokered Plaintiff’s stock transaction from July 2009.

C From January 1, 2011 to January 13, 2014, without receiving an order for stock transaction from the Plaintiff, C traded stocks with deposits, stocks, etc. in the securities account under the Plaintiff’s name (hereinafter “securities account”). From January 1, 2011 to January 13, 2014, the Plaintiff knowingly raised a problem on March 25, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff suffered damages in total of KRW 27,200,908 and KRW 36,500,908,000, which were sold by C, due to the instant voluntary trade by employees C of the Defendant Company C, for the total of KRW 27,200,90 and KRW 36,500,90. 2) The Defendant Company is liable to compensate the Plaintiff as the employer of C, for the damages incurred by the Plaintiff.

B. Fact-finding 1) The balance of the instant securities account was KRW 58,282,951 on January 1, 2011, but was KRW 809,546 on March 25, 2015. (2) The Plaintiff deposited the instant securities account from January 1, 2011 to March 25, 2015 is KRW 28,117,374, and the withdrawn amount is KRW 75,893,612.

3) On December 14, 2011, C drafted a letter of commitment to compensate the Defendant for losses in relation to the purchase of shares in the STX Shipbuilding and paid KRW 18,00,000 to the Plaintiff on March 15, 2013 after hearing from the Plaintiff that he/she would know about the preparation of the said letter of commitment. [In the absence of any dispute over the grounds for recognition, Party A, 6, 7, 8, 4, and the purport of the entire pleadings]

(c) Determination 1 securities company’s employees are arbitrarily involved in stock trading.