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(영문) 서울남부지방법원 2012.02.17 2010가합25958

손해배상(기)

Text

1) The Defendant for 1, 77,203,827 won for the Plaintiff A, 104,152,682 won for the Plaintiff B, and 16,439,813 won for the Plaintiff C, respectively.

Reasons

1. Basic facts

A. 1) The defendant is a company whose purpose is the investment brokerage business. 2) The defendant worked as the head of the defendant FPB team from December 2002 to October 2005 and the head of the defendant F F branch from November 2005 to May 2009.

3) The Plaintiffs opened each securities consignment account, such as the respective entry in the “Account” column in the attached Table to the Defendant. B. Each of the instant agreements 1) E, around 2004, operated each investment with Plaintiff C, A, and B with each of them, and agreed to guarantee a certain amount of money deposited in the bank (hereinafter “each of the instant agreements”).

2) In accordance with such an agreement, E received an investment from the Plaintiffs, and managed the investment money by means of realizing the beneficiary certificates at maturity or taking over the beneficiary certificates of the fund affiliated with another person. From around that time to 2007, Plaintiff C paid 5.5% per annum to Plaintiff A and B, 6.0% per annum against the investment amount, and 7.0% per annum to the Plaintiffs from around 2007 to 2009.3) The amount of money invested by the Plaintiffs through E and the amount collected through E from around 2004 or from around 2005 to around 209 are as stated in each corresponding column of the “investment statement” in the attached Table.

[Ground of recognition] The fact that there is no dispute, Gap evidence 3, Eul evidence 17 through 18, and 20 evidence (including each number), Eul's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) E entered into each of the instant agreements with the plaintiffs around 2004 or around 2005 and caused the plaintiffs to suffer losses corresponding to the money stated in the "amount of losses" column in the attached Table in the process of managing the money invested by the plaintiffs from around that time to May 2009.