손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) is a securities company that is entrusted by customers with the sale and purchase of various financial products, such as stocks, and Defendant B is an employee of the Defendant Co., Ltd.
B. On March 21, 2011, the Plaintiff opened a comprehensive consignment account with the Defendant Company and commenced trading of shares through the Defendant Company.
Defendant B, while working at the Defendant Company’s head office, was in charge of the Plaintiff’s account management since the Plaintiff opened the Defendant Company’s account. Around January 2015, Defendant B continued to take charge of the Plaintiff’s account management even after he moved his workplace to Defendant Company D’s branch.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Defendant B arbitrarily purchased and sold E, F, and G shares (hereinafter “instant shares”) that the Plaintiff entrusted to the Defendant Company’s comprehensive consignment account, over ten times from August 25, 201 to March 8, 2012, without the Plaintiff’s delegation.
The Plaintiff sustained damages equivalent to KRW 379,568,50, which is the difference between the stock value of KRW 443,794,500 and the stock value of KRW 64,226,00 at the time of voluntary sale, where the Plaintiff held the shares of this case until December 28, 2017 due to the above acts by Defendant B.
B. Defendant B embezzled the Plaintiff’s account amounting to KRW 40,00,000 on February 28, 2012, and KRW 16,100,000 on April 25, 2014 as a check, and embezzled KRW 92,749,48 on September 22, 201 to August 7, 201, respectively.
C. Accordingly, Defendant B, as an illegal act, is jointly and severally liable to pay to the Plaintiff the total amount of damages incurred by the Plaintiff due to Defendant B’s illegal acts in the course of performing his duties (379,568,500 won 56,100,00 won 92,749,488) and damages for delay.
3. Defendant B arbitrarily sells the Plaintiff’s shares or withdraws cash or check from the Plaintiff’s account.