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(영문) 서울고등법원 2017.01.19 2016나2032337

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court's explanation are as stated in the reasoning of the judgment of the first instance except for dismissal or addition of the determination of the plaintiffs' claims as follows, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Goon part 4, part 4, "Plaintiff A and Defendant C", as the "Plaintiff A and Defendant C" of the first instance court, 6, and 7, respectively.

3.2

According to the fact-finding results on the Gyeonggi-do Office of Education in the first instance as follows, there is no evidence to verify whether the plaintiff B applied for an elementary school graduation or examination.

However, in light of the following facts or circumstances, it is insufficient to acknowledge the fact that Defendant C interfered with the Plaintiffs’ formation of correct awareness of the risks inevitably accompanying the transactional activity or actively solicits transactions involving excessive risks in light of the customer’s investment situation, and there is no other evidence to acknowledge the fact that the Defendant C violated the duty to protect the Plaintiffs by actively soliciting transactions involving excessive risks.

① The Plaintiff A served in a large enterprise by 193, and thereafter has been engaged in the export and import business of raw materials by importing petroleum chemical products in a foreign country and supplying them to a domestic company.

② The Plaintiff introduced Defendant C through H on the ground that the employee H, a representative director of G, made a profit by investing in the securities company through Defendant C, which is one’s own proposal to work for the securities company, and Defendant C did not actively encourage the Plaintiff to make a discretionary sale or stock investment.