투자금반환 등
1. The plaintiffs' appeal, the defendant's appeal, and the provisional payment return application are all dismissed.
2. The provisional payment of the costs of appeal.
1. Basic facts
A. The status of the parties is a company that runs a financial investment business, such as an investment trading business and an investment brokerage business, and the co-defendant D of the first instance trial is a person who received money in the name of investment from the Plaintiffs, etc. while taking charge of selling financial investment instruments at the Defendant’s E-branch from October 27, 2009.
B. The Defendant’s financial investment instruments (hereinafter “instant financial investment instruments”) that are operated by Plaintiff A by depositing customer’s investment funds in a term deposit account in the savings bank to Plaintiff A, one of the father-friendly children of Plaintiff A (hereinafter “Plaintiff A’s financial investment instruments”).
2) On January 9, 2014, Plaintiff A transferred KRW 40 million to a corporate bank account in the name of D personal bank account (Account Number F) without undergoing procedures, such as preparation of an application for subscription to goods ordinarily conducted in the Defendant’s financial investment transaction, receipt of documentary evidence of deposit of investment money, etc.
3) D used the said money as its own futures option investment deposit, etc. Nevertheless, D recommended the Plaintiff, who is a father of the Plaintiff’s father, to subscribe to the financial investment instruments (hereinafter “instant 2 instruments”) invested in the Defendant’s bond issued by the Incheon Urban Corporation (hereinafter “the instant financial investment instruments”) that the said money was deposited in the Plaintiff’s Defendant Securities Account and used as the investment bond of the instant 1 products, by forging the account statement (Evidence A 2) on January 22, 2014 and the comprehensive balance statement (Evidence A 3) on April 9, 2015.
2 Plaintiff B, without undergoing the Defendant’s trade in financial investment instruments, shall obtain KRW 52.5 million on June 30, 2014, and KRW 42.6 million on July 11, 2014.