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(영문) 제주지방법원 2015.02.06 2014가단10136
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 9, 2012, the Plaintiff: (a) purchased 5,300 shares of the D Company on February 13, 2013 at the recommendation of Defendant C Company’s employees, and subsequently purchased 470 shares of D Company on April 1, 2013 at KRW 7,940 per share.

(hereinafter referred to as “instant shares”) 5,770 shares, b.

On June 23, 2014, the Plaintiff directly sold the instant shares in KRW 4,205 per share through a transaction of smartphone shares by itself.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On September 4, 2013, the Plaintiff asserted that all of the shares of this case were demanded to Defendant B to sell them, and Defendant B put the time to sell them at the wind that did not comply with the Plaintiff’s request, and eventually, all of the shares of this case was sold at KRW 4,205 per share, and 34,297,470 [this 34,302,650 won [=5,770 won = 34,302,650 won = 10,150 won - 4,205 won] incurred losses.

The Defendants neglected the duty to explain the Plaintiff to make reasonable judgment and the duty to faithfully perform their duties with the care of a good manager to the Plaintiff, thereby causing damage to the Plaintiff. Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages.

(b) Determinations generally involve risks, and information, etc. provided by a financial investment business entity does not exceed the territory of future prospects, including a conclusive element of future economic situation or political situation. Accordingly, an investor must determine whether to make an investment and maintain an investment under his/her responsibility on the basis of such information;

On September 4, 2013, the Plaintiff entered the evidence No. 2 with respect to the instant case to Defendant B by itself.

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