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(영문) 서울중앙지방법원 2015.05.21 2014가합41648
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The defendant is a company engaged in investment trading business, investment brokerage business, investment advisory business, discretionary investment business, trust business, and other ancillary business pursuant to Article 6 of the Financial Investment Services and Capital Markets Act. 2) D worked at a single bank and worked as the head of the EP Bank (PB) team established by the defendant from December 2002 to October 2005. The defendant worked as the head of E branch from November 2005 to May 2009.

B. 1) At the time of the Plaintiffs’ delegation of investment to D, when she works as the head of the F branch of Han Bank, she became aware of G’s mother, and conducted various financial transactions upon request from G. 2) The Plaintiffs became aware of D through G introduction. Around December 2002, 2002, she received D’s investment recommendation and delegated D with D with the comprehensive authority to choose the type of investment, the amount of investment, etc. independently, and to invest in financial products (hereinafter “instant discretionary contract”).

3) D, based on its independent judgment according to the instant contract, from June 27, 2003, from around June 27, 2003, invested in financial investment instruments as indicated in the attached Table 1-1 [Attachment Table 1-2] and [Attachment 1-2], such as investing in the funds and claims of the Plaintiffs deposited in the accounts opened by the Defendant. (c) D’s investment in the instant funds was withdrawn from the Plaintiff’s account (Account Number H) opened with the Defendant on December 28, 2007 and the Plaintiff’s account (Account Number H) (Account Number H), and Busan Asset Management purchased the beneficiary certificates of the “D 2” fund (hereinafter “the Fund”).

2) D did not explain to the Plaintiffs regarding the instant fund while investing the Plaintiffs’ investment funds in the instant fund. D. The Plaintiffs (i) were assessed, etc. of the instant fund.

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