beta
(영문) 서울중앙지방법원 2015.09.10 2013가단5068927

구상금

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 Plaintiff concluded an electronic financial transaction liability insurance contract between the Plaintiff and the Plaintiff’s right to guarantee the education of the insured, the insurance period from July 3, 2008 to July 23, 2009, with the maximum amount of compensation KRW 500,000,000 per each claim, and the amount of deduction KRW 10,000,000 per each claim.

B. On August 17, 199, the Defendant concluded a contract for the use, maintenance, and repair of the trading system between the right to guarantee the teachers, and thereafter extended the contract several times, and according to the terms of the contract, the Defendant has performed the maintenance and repair work of MTS (Milenneming Syst, Professional System for Corporate Investors) installed inside the right to guarantee the teachers.

(c) the stock transaction system of the crowdfunding system is as follows:

(1) The order information of corporations or institutional investors shall be communicated through MTS to the FEP (Frt-Edivesor, exchange connection system).

(2) The text information of individual investors shall be communicated to the FEP through HTS and the ledger system.

(3) The FEP is divided into the order distribution process and the order transmission process. The order distribution process is to deliver the order information transmitted from HTS and MTS to the order transmission process, and the order transmission process is to deliver the order information transmitted to the Stock Exchange.

In May 2009, the Defendant completed the program development and test to add the FEP direct order function to the MTS of its own trade account, and the Defendant’s staff in charge of the management of the MTS system performed the program developed as above to the KTS operation system through the process on June 1, 2009. During the implementation process, the Defendant omitted the logic, circuits, or rule of law as a result of setting up the part of the investor classification code of the KOSDAQ market among the order information generated in MTS.

(e)the trade information (order information) of corporate investors transmitted to FEP through MTS of the school guarantee rights shall be the price code, the investor classification code, and the product classification code;