손해배상
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (appointed party) and the appointed party B.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Examining the relevant legal principles and records as to the grounds of appeal Nos. 1, 2, and 3, the court below is just in rejecting the Plaintiff’s assertion on the following grounds: (a) the Defendant violated an obligation under the instant trust agreement regarding the management of trust property due to collective operation of trust property; and (b) breached an obligation to submit a registration statement; and (c) contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the prohibition of unsound business conduct, the prohibition of separate management of trust property, and the obligation to submit a registration statement, or by omitting judgment
2. Regarding ground of appeal No. 4
A. As to the assertion of violation of the suitability principle, a financial investment business entity shall grasp information about the investment purpose, status of property, experience in investment, etc. of an ordinary investor through an interview, inquiry, etc. before recommending an ordinary investor to make an investment, and shall not make an investment recommendation deemed inappropriate for the ordinary investor in light of the investment purpose, status of property, experience in investment, etc. of the ordinary investor (hereinafter “Capital Markets Act”).
) Article 46(2) and (3) of the Act on the Protection, etc. of Specific Money Crimes (hereinafter “the instant commercial paper”) provides that the lower court shall comprehensively consider the adopted evidence and acknowledged the facts as indicated in its reasoning, and then, in light of the Plaintiff (Appointed Party) and the designated parties B’s investment purpose, property status, investment experience, etc., the Defendant is a specific money trust contract, each of which the Defendant intends to invest and operate with them in the commercial papers (hereinafter “the instant commercial papers”).