A. On January 9, 2013, the Plaintiff opened a consignment account (Account Number C; hereinafter “instant account”) such as stock/mortgage trading at the Lee Dong-dong branch of the Defendant Daewoo Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) which is a financial investment business entity that engages in investment trading business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). From that time, the Plaintiff entrusted Defendant B, an employee of the Defendant Co., Ltd, to register the said account as a management account for specialized counseling service and to make a stock transaction.

B. On January 9, 2013, the Plaintiff entered the account of another securities company in the instant account with 16,250 shares of Naio Smart Smart Co., Ltd. (the share price of 47,937,50 won) and 2,124 shares of Kacoquerel (the share price of 21,558,60 won).

C. On January 14, 2013, the Plaintiff entered into a contract with the Defendant Company to set up the instant account as a credit transaction account. From that point of time, Defendant B had repeated credit transaction other than stock transaction using the deposit via the instant account.

Around January 6, 2014, Defendant B retired from Defendant Company and suspended a stock transaction through the instant account, and on February 6, 2014, Defendant B left the said account, 2,000 shares (the share price of KRW 10,400,00) in total were 7,551,456 won in repayment on February 10, 2014, and the estimated deposit amount was 2,848,544 won (10,40,000 won - 7,551,456 won in total) in which all expenses were deducted at the time of balance. However, the estimated deposit amount was 2,765,634 won in total after deducting all expenses incurred.

[Reasons for Recognition] Defendant B: The facts without dispute, Gap's evidence Nos. 1 through 6 (including numbers; hereinafter the same shall apply), Eul's evidence No. 2, and the purport of the whole pleadings

2. Determination as to the claim for damages

A. Under the Capital Markets Act, an investment trader does not receive an order from an investor or his/her agent for trading financial investment instruments.