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(영문) 수원지방법원성남지원 2017.06.23 2016가합207399

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff opened an account (hereinafter referred to as “the instant account”) with Defendant ES Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and traded shares, etc. through the instant account. The actual decision-making on the opening and operation of the instant account was mainly made by C, the Plaintiff’s husband, who is the Plaintiff’s husband.

B. On November 2014, the Plaintiff deposited KRW 50 million into the instant account, and KRW 200 million around December 2014, and around that time, C delegated Defendant B, who was the head of the D Center of the Defendant Company, to trade derivatives, such as futures options, to the said money deposited into the instant account.

C. Upon occurrence of losses from the instant account, C filed a civil petition for compensating for losses, etc. with the Defendant Company around June 2015.

Plaintiff

The account in the name (Account Number E) is an account in substance under C’s calculation and management. The said account is opened on October 28, 2014 and is operated under C’s judgment and responsibility to trade futures and options up to the present date. It is confirmed that in the future, there is no responsibility for the investment and operation results of the said account as a manager, who is planned to make an investment under C’s judgment and responsibility, and that there is no civil or criminal liability in relation to the sales and investment results of the said account.

D. On June 21, 2015, C signed a written confirmation (hereinafter “instant confirmation”) as follows, and issued it to Defendant B. At the bottom of the instant confirmation, C’s seal is affixed thereto.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 and 3, Eul evidence 2 and 3, Eul's testimony, the purport of the whole pleadings

2. Defendant B, the Director of the D Center of the Defendant Company asserted by the Plaintiff, did not properly explain the details and risk of investment in derivatives while soliciting the Plaintiff to invest in derivatives, and did not lose money when using the “SK securities system.”

In advance, an engine molass.