손해배상(기)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
2...
1. Basic facts
A. On February 18, 2019, the Plaintiff entered into a contract with the non-party company C (hereinafter “foreign company”) under which the non-party company received the paid text from the non-party company’s share analysis specialist belonging to “D” on the website operated by the non-party company from February 18, 2019 to February 18, 2020, and the non-party company should pay the fee for the use.
The defendant notified the plaintiff as an employee of the non-party company of the recommended shares of the non-party company.
B. The Plaintiff purchased E shares 11,813 (average purchase price of KRW 3,394, transaction amount of KRW 40,098,570) recommended by Nonparty Company on February 18, 2019. However, on March 27, 2019, the Plaintiff sold all shares, including 679 shares (sale unit price of KRW 2,940, transaction amount of KRW 1,996,260), March 29, 2019 (sale unit price of KRW 2,950, transaction amount of KRW 4,041,50), and 9,764 shares (average unit price of KRW 2,877, transaction amount of KRW 28,098,740) on April 1, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On January 8, 2019 and February 18, 2019, the summary of the Plaintiff’s assertion agreed that the Defendant would have the Plaintiff gain profit equivalent to 50% of the investment principal when investing in the shares designated by the Defendant.
Accordingly, although the Plaintiff purchased E-stocks designated by the Defendant by investing KRW 40,152,390, the Plaintiff sustained only loss of KRW 6,284,520 due to the continuous decline in the share price.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of the agreed investment profit (50% of the investment principal), KRW 20,076,190, KRW 6,284,520, and KRW 887,00, KRW 1,500, KRW 1,500, and KRW 28,747,710, and delay damages therefrom by March 30, 2019.
B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the contract between the Plaintiff and the Defendant was concluded with the same content as the Plaintiff asserted.
The defendant is an employee of the non-party company.