beta
(영문) 서울남부지방법원 2016.03.03 2014가단70294

손해배상(기)

Text

The defendant's KRW 13,69,639 against the plaintiff and 5% per annum from February 12, 2014 to March 3, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an ordinary investor who has invested in the goods with a high risk of the Defendant’s risk since 2001, and the Defendant is a financial investment business entity that runs the investment trading business, the investment brokerage business, the investment advisory business, and the discretionary investment business based on the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

B. On December 2, 2010, the Plaintiff, at the Defendant’s Jeonju Branch, opened a general asset management account at the employee C’s request, and invested KRW 70,640,661 in the rap (hereinafter “instant rap”).

C. At the time of the instant rap car agreement, C, without inquiring the Plaintiff’s investment power during the past 10 years via the Defendant or confirming the Plaintiff, was possible to reduce profits and principal loss risk through active sale and purchase, the period during which the Plaintiff’s investment in the Plaintiff’s derivatives, derivatives-combined securities, or derivatives funds for the investment purpose is more than three years, the Plaintiff’s annual income is more than KRW 200 million, the Plaintiff’s financial assets are more than one billion, and the Plaintiff’s signature and seal was obtained.

On the other hand, unlike the instant rap set forth on April 2010 immediately before the instant rap transport, the Plaintiff stated that the Plaintiff did not have any experience in investing in derivatives, derivatives-combined securities, or derivatives funds at the time of joining the advisory rap product that the Defendant invested with the advice of the specialized advisory company.

In this case, the Defendant’s asset manager’s asset management of the property deposited and entrusted by the customer according to the customer’s investment tendency to vest in the customer with the investment profit and loss incurred therefrom, and the investment product that receives a fixed rate of 1% per month is the investment risk classification.