손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. The Plaintiff’s assertion is the cause of the instant claim. The Defendant’s Intervenor B (hereinafter “the Intervenor”), as an employee of the Defendant, recommended the Plaintiff to invest KRW 400 million in the “SS 1818 Goods” (hereinafter “the Fund”), around February 22, 2012, violated the suitability principle and duty under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) by failing to explain the possibility of principal loss, etc. as to the instant fund, which is not suitable for the aged Plaintiff, due to lack of experience in stock investment. The Plaintiff breached the obligation of customer protection under the good faith principle, such as opening an overseas futures account in the name of the Plaintiff in a manner close to deception, and pretending the payment of interest in the manner close to deception, and thus, the Defendant, as an employer of the instant fund, has the obligation to compensate the Plaintiff for damages equivalent to KRW 168,98,618,618.
2. According to Article 46(3) of the Capital Markets Act, a financial investment business entity shall not make an investment recommendation deemed inappropriate for an ordinary investor in light of the ordinary investor’s investment purpose, property status, and experience in investment. According to Article 47(1) and (3) of the Capital Markets Act, a financial investment business entity should explain to an ordinary investor the details of financial investment instruments, risks associated with the investment, and other matters prescribed by Presidential Decree so that the ordinary investor can understand the said investment recommendation. A financial investment business entity shall not make a false or distorted statement or omit an important matter that may have a significant impact on the investor’s reasonable investment decision or the value of the pertinent financial investment instrument. In such cases, the financial investment business entity shall not make an investment