손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Defendant is a company engaging in investment trading business, investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act and a financial company under the Electronic Financial Transactions Act. The Plaintiff is an ordinary investor who has opened an account with the Defendant and traded overseas derivatives through a system under which an individual investor is able to trade stocks using a computer installed in a house or office without going through a guest or a telephone, and an individual investor is an ordinary investor who has opened an account with the Defendant and conducted an overseas derivatives transaction through a system under which an individual investor is able to trade stocks by using a computer installed in a house or office without going through a telephone.
B. On January 5, 2016, the Plaintiff opened a bank-linked account with the Defendant, and began overseas futures investment from February 3, 2016 to CrudeO.
C. The Defendant received information from a third data brokerage company and provided customers with information such as the market price, which was received from a third party data brokerage company, rather than providing it again to customers, such information as the market price, which was received from a foreign futures exchange, was directly provided by the Defendant’s HTS and MTS.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 3, 4 and 6, testimony of the first instance court witness B, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant received fees from the Plaintiff and provided the MTS service for a fee, and the Plaintiff, as indicated below, sent a message “in the process of receiving data” when the Plaintiff attempted to make an order through the Defendant’s MTS, and the Defendant’s MTS did not operate.
At that time, the plaintiff sought overseas futures trading using the defendant's MTS, and the defendant's incomplete services are provided.