손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a company mainly engaged in investment trading, brokerage, advice, and other financial investment business. B is an employee of the Defendant’s affiliated C, and the Plaintiff was a person who opened a security account (Account Number D; hereinafter “instant account”) of the Defendant and made an investment in stocks.
B. B was issued to Defendant E branch C on January 2013, and became aware of the Plaintiff, and around May 22, 2013, B registered as a person in charge of the instant account and traded shares while managing the instant account from June 2013 to December 2016.
C. The appraised value of the balance in the instant account was KRW 163,107,333 as of June 1, 2013 (securities appraised KRW 153,90,645, and KRW 9,116,688, and KRW 46,58,350 as of December 30, 2016 (securities appraised value).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 5 (including paper numbers), Eul evidence 6
2. The Plaintiff’s assertion B violated the Financial Investment Services and Capital Markets Act, including the Plaintiff’s prior approval and ex post facto report, when managing the instant account after having agreed to compensate the Plaintiff for losses. Accordingly, the Plaintiff suffered large losses.
B Such an act constitutes a tort against which a customer’s duty to protect constitutes a tort, and the Defendant is jointly liable to compensate the Plaintiff for damages incurred by the tort committed by an employee B in connection with the Defendant’s performance of business affairs, i.e., the loss incurred during the investment period from June 2013 to December 2016.
3. First of all, we examine whether the defendant's employee Eul's tort against the plaintiff is recognized.
A. Securities transaction is naturally accompanied by the risks of various uncertain elements, and it is natural for an investment company to bear by itself losses that may be incurred due to its investment within a certain scope as an investor. In light of the fact that an officer or employee of a securities company should bear the risks of its investment.