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(영문) 서울동부지방법원 2015.12.04 2014가합111090

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff opened a consignment account for stock transaction by November 2, 201, the Plaintiff incurred losses while opening a consignment account for stock transaction with a securities company (hereinafter “new securities”) by November 2, 201, and trading shares with a trustee in charge under the management of the employee in charge.

On November 2, 2011, the Plaintiff received a consultation from Defendant C’s employees at the Defendant’s branch on November 2, 201, and then two shares transaction consignment accounts in the name of the Plaintiff [i]: Account Number D (hereinafter “First Account”).

(2) Account number: E (hereinafter referred to as “Second Account”);

) A single stock transaction consignment account (Account Number: G; hereinafter “third account”) in the name of the Plaintiff’s husband, respectively.

The Defendant of the Account Nos. 1, 2, and 3 had employees C, from November 2, 201 to May 29, 2013, employees H from May 29, 2013 to May 12, 2014, and had employees I take charge of the management of Account Nos. 1, 2, and 3 from May 13, 201 to May 29, 201.

As of December 2, 2014, the sum of the amounts that the Plaintiff deposited into a stock and cash account and the balance of the account Nos. 1, 2, and 3 as of December 2, 2014 from November 2, 2011 to December 2, 2014 by means of payment in cash or in cash; the amount that the shares of shares or cash account remaining as of December 2, 2014 to the account No. 1, 2, and 3 as of December 2, 2014; and the amount that the remaining shares and cash account are deposited by means of payment in cash or in cash account account; 142,837,579 won; 47,58,737 won; 95,248,260,6040,647,4757,47,4757,497,4757,97,205 won and value of the remaining shares and cash account;

On September 11, 2015, when the lawsuit of this case was pending, F transferred “F’s damage claim against the Defendant of the third account” to the Plaintiff, and notified the Defendant of the transfer on the same day.

[Reasons for Recognition] The plaintiff's assertion of the whole argument is made by C, and the plaintiff's assertion of the following facts: Gap's 1, 2, 4, Eul's 1, 2, and 3 (including each number), Gap's 1, 2, and 3.