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(영문) 대전지방법원 2018.05.29 2018나101664
손해배상(기)
Text

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.

Reasons

1. The fact that the Defendant, a company conducting basic fact-finding financial investment business, etc., offered the instant app “S global (ILOBAL) MTS (hereinafter “instant app”). The Plaintiff requested the sale and purchase of crude oil through the instant app on April 18, 2017 that the Plaintiff requested to sell and purchase the instant app. There is no dispute between the parties.

2. Summary of the plaintiff's assertion

A. The Plaintiff sold crude oil gifts to US$ 53,110 through the instant app, and anticipated a decline in the price, and attempted to place an order for purchase at a designated price in US$ 52,600. In order to divide the “purchase” unit on the instant app purchase order screen, not the “purchase” unit, from the “purchase” unit on the instant app purchase order screen. In this case, the Plaintiff cancelled the order from the confirmation page, and re-ruptured the “purchase” unit.

However, even if the market was divided into “purchase” and “purchase,” the market was not the purchase order, but the market was not the purchase order. Accordingly, the Plaintiff purchased crude oil gift at USD 53,140.

Afterward, the market price of raw milk gifts has declineded to US$ 52,660 on the same day as the plaintiff expected.

B. As such, the instant app, even though the customer requested the purchase order, caused error by the customer at the market price, thereby leading to a different order. The Defendant’s act of offering the instant app to the Plaintiff violates Article 37 of the Financial Investment Services and Capital Markets Act and Article 13(3) of the Terms and Conditions of Online Trade Services provided by the Defendant.

C. Meanwhile, the Defendant did not notify the Plaintiff of the conclusion even though the transaction was concluded through the instant app, which is in violation of Article 8(1) of the Framework Act on the Utilization of Electronic Financial Transactions.

As above, crude oil is crude oil due to the defendant's tort.

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