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(영문) 부산지방법원동부지원 2020.11.05 2019가단12239

투자금반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 19, 2012, the Plaintiff opened a consignment account at the branch of Defendant Company C, and traded shares after depositing KRW 100 million in the said account on February 29, 2012.

B. After opening an account as above, the Plaintiff resisted the Defendant Company with knowledge of the remainder of KRW 60,000, and suspended the transaction.

C. Since March 2, 2015, the Plaintiff deposited KRW 30 million into the said account, and again started a stock transaction, and thereafter, traded shares until October 15, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff, who did not know in securities investment, recommended the Plaintiff to invest in a beneficial place and manage it well, and made an investment of KRW 100 million in trust and trust. The Defendant Company did not properly manage the said money or embezzled it, thereby making the amount of KRW 100 million remaining at KRW 60 million around February 29, 2012, the Defendant Company is liable to compensate the Plaintiff for the actual damages amounting to KRW 70 million.

3. In light of the following circumstances acknowledged by the aforementioned evidence, namely, the Plaintiff’s stock investment appears to have been an order consignment transaction rather than an order consignment transaction with the Defendant, and according to the investor information confirmation document prepared by the Plaintiff at the time of opening the said consignment account, the Plaintiff had experience in investment in stocks for at least three years, and the Plaintiff began to open and invest in an account as important even if the risk of loss exists, and the transaction period has not been shorter than two years, and the Plaintiff continued to deposit and withdraw money during that period, the evidence alone submitted by the Plaintiff is that the Defendant Company failed to properly manage the Plaintiff’s money or embezzled it.