근저당권설정등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. (1) The Plaintiff is serving as an investment adviser at Samsung Securities Co., Ltd. and KS Securities Co., Ltd. for the purpose of financial investment business prescribed by the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) from around 2013.
(2) On August 21, 2012, when the Plaintiff was working for Samsung Securities Co., Ltd., the Defendant opened a comprehensive account on the said Samsung Securities Co., Ltd., and began financial investment transactions, such as stocks and derivatives, by comprehensively entrusting the Plaintiff with regard to the operation of the said account. On June 21, 2014, the Plaintiff continued financial investment transactions by transferring the account to the said KS Securities Co., Ltd. and transferring it to the same method.
B. Around August 21, 2012, the Defendant opened a comprehensive account with Samsung Securities Co., Ltd. (hereinafter “instant account”), and deposited KRW 200,000,000,000, including the account transferred to the Samsung Securities Co., Ltd. (hereinafter “instant account”). In the process of the Plaintiff’s comprehensive receipt and management of the instant account, a large amount of loss was incurred in the investment products, such as ESS (stock-linked securities) and Bra State bonds, invested in the course of the Plaintiff’s management of the instant account comprehensively.
(2) On November 28, 2013, the Plaintiff prepared and delivered a document stating that “I have given more opportunity than once until 2014 with the thickness of the president (Defendant)” while soliciting the Defendant to continue to make an investment of KRW 200,000,000 with the balance of the account in this case reduced to equivalent to KRW 138,00,000,000, the Plaintiff made it possible to comply with the disposition of the president by taking responsibility and asset management after today.”
(3) However, even after the occurrence of losses, the Defendant continued to do so, and around June 16, 2014, the remainder was KRW 107,802,283 around the time when the account of this case was transferred to KSS Securities Co., Ltd.
(4) The Plaintiff also purchased and sold the instant account by way of an all-inclusive contract.