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(영문) 대전지방법원 2016.06.29 2015가합100239

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ status 1) Defendant Samsung Securities Co., Ltd. (hereinafter “Defendant Samsung Securities”)

The Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”)

(2) The Plaintiff A is a partner of D and Plaintiff B is a financial investment business entity established for the purpose of financial investment business under the Financial Investment Services and Capital Markets Act. Defendant C is an employee of the Defendant, who is engaged in stock trading and financial instruments sales business.

B. On June 25, 2010, the Plaintiffs and Defendant Samsung Securities Co., Ltd. (hereinafter “Defendant Samsung Securities Co., Ltd. 3497”) issued by Defendant Samsung Securities Co., Ltd. (hereinafter “3497 Co., Ltd.”)

(2) On January 10, 2011, the Plaintiff subscribed to invest KRW 300 million in the Samsung Securities Co., Ltd. (hereinafter “No. 4396”) and received profits from early redemption of the goods of KRW 3497 around December 28, 2010. (2) On January 10, 2011, the Plaintiff subscribed to make an investment of KRW 300 million by purchasing the Samsung Securities Co., Ltd. of KRW 4396 issued by Defendant Samsung Securities (hereinafter “Co. 4396”) and obtained profits from early redemption of the goods of KRW 4396 on May 13, 2011.

3) On February 10, 2011, Plaintiff B purchased Samsung Securities Co., Ltd. 4579 issued by Defendant Samsung Securities (hereinafter “instant 4579 product”).

(4) Around February 2011, the Defendant C and the Plaintiffs agreed on the underlying assets, early redemption and redemption terms of the stock-linked securities to be invested, and around February 201, 201, at the time when the Plaintiffs subscribed to the 3497 product, and around January 1, 201, the time when Plaintiff A subscribed to the 4579 product, and around February 1, 201, the time when Plaintiff B subscribed to the 4579 product, D consulted on the underlying assets, early redemption and redemption terms of the stock-linked securities to be invested.

C. On May 17, 2011, the Plaintiffs subscribed to the instant stock-linked securities (i.e., the purchase of the instant stock-linked securities) products 5484 stock-linked securities issued by Defendant Samsung Securities (hereinafter referred to as “stock-linked securities”).