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(영문) 인천지방법원 부천지원 2021.03.26 2020가단115035

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was working in C (a broadcasting name “D”, hereinafter “D”) and advertised that people to join as paid members by opening a group hosting room and informing them of the initial and free of charge.

B. On May 29, 2018, the Plaintiff received information about the shares from a group hosting room established by D around early 2018, and agreed to subscribe to D’s advertising letters, and paid KRW 5,000,000 to D on May 29, 2018 (hereinafter “instant subscription agreement”), and the Defendant was in charge of the Plaintiff.

(c)

The Plaintiff purchased or sold shares upon recommendation of the issue from the Defendant, and also received information on the share price and shares from the Defendant.

(d)

The defendant was sentenced to a fine of 10,000,000 won for an investment advisory business without being registered as a financial investment business under the Financial Investment Services and Capital Markets Act (hereinafter "Capital Market Act") (Seoul Southern District Court 2020, 591). [Grounds for recognition] The defendant did not dispute, Gap's statements in the evidence Nos. 1 through 4, 7, 8, 9 and 9 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the whole arguments.

2. The plaintiff's assertion that the defendant, without registering the financial investment business, had the plaintiff pay KRW 5,00,000 to the plaintiff for fee membership, without inducing the plaintiff to join the financial investment business. When the defendant conducts as if it was a stock expert, he/she had the plaintiff sell and purchase the shares in accordance with the order of the plaintiff who believed the issue of shares, the time of sale and purchase, and the reasonable price.

The defendant provided information without objective grounds as to important matters that may affect the plaintiff's investment judgment, and the plaintiff traded the shares with trust and trust, thereby incurring losses in total of 68,520,170 won as shown in the following table.

Therefore, the defendant is liable for damages in accordance with Article 750 of the Civil Act.