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(영문) 서울남부지방법원 2014.08.06 2014가단23861

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 30, 2003, the Plaintiff opened a gas station. On June 10, 2003, the Plaintiff concluded a petroleum products supply contract with Es.S. Co., Ltd. (hereinafter “Es.”), and the Plaintiff borrowed funds from Es.I. to purchase the shares of Es.I., but did not sell the shares until November 9, 2004.

B. Around June 2003, the Plaintiff purchased shares 16,000 shares of S.M. (hereinafter “instant shares”) with the money borrowed from E.S. from E.M., and entered them into the securities consignment account (Account Number B; hereinafter “instant account”) opened at the Defendant’s Cheongju Branch.

C. On October 15, 2003, the Defendant: (a) from Nonparty C, an employee of E.I.D., the pledgee, “E.I.D.” as the pledgee, “E.I.D. account; and (b) issued each of the following documents: (c) the Plaintiff’s signature identical to the Plaintiff’s seal affixed on the Plaintiff’s application form for opening the instant account; (d) the “application for approving the creation of a pledge”; (c) the Plaintiff’s terms and conditions of delegation; (d) the Plaintiff’s agent; and (e) the Plaintiff’s seal affixed on the Plaintiff’s name; and (e) the Plaintiff’s seal affixed on the application form for opening the instant account; and (e) the Plaintiff’s seal imprint and the Plaintiff’s seal affixed to the Plaintiff’s resident registration certificate directly issued to the Plaintiff, and (e) taken measures to restrict the sale and purchase and delivery of the instant account.

In accordance with the agreement between Es.I and the Plaintiff, the Defendant released the restriction on trading of the instant account around November 2004, and the Plaintiff sold all the instant shares on November 24, 2004.

E. The plaintiff sold the shares of this case to a level of 70,000 won per share between November 25, 2004 and December 23, 2004, but since January 2005.