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(영문) 광주지방법원목포지원 2016.07.14 2015가합1067
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 October 22, 2013, the Plaintiff deposited KRW 267,147,859 in the account of Defendant H&D Co., Ltd. (hereinafter “D&D”) under the Plaintiff’s name, and entered into a contract with Defendant B, who is an employee of the Ulsan branch of Defendant H&D, to entrust the transaction of stocks using the said money.

B. From around that time to October 21, 2015, Defendant B traded shares with the Plaintiff’s capital from around October 21, 2015. However, due to the price decline, etc., Defendant B suffered a loss of KRW 190,558,815.

C. Defendant Hah Investment Securities deposited KRW 148,842,206 in total from the said account under the Plaintiff’s name for the same period under the same name as the sales purchase commission and taxes generated in the course of the said stock transaction.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, Eul evidence 2-1, Eul evidence 2, Eul evidence 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B would be able to make profits to the Plaintiff around October 2013, and thus, he/she would be able to receive investments to the Plaintiff. The Plaintiff concluded a comprehensive contract with Defendant B in trust and with Defendant B, and deposited KRW 267,147,859 into the account of Hab Investment Securities in the name of the Plaintiff.

However, even though there is no reasonable ground to make a short-term sale, Defendant B suffered a transaction fee exceeding the ordinary scope by making excessive short-term sale of stocks, such as buying and selling them on a short-term basis, and in contrast to the initial promise, Defendant B made the Plaintiff incur loss due to the price fluctuation.

Therefore, Defendant B is an agent of the aforementioned unreasonable over-the-counter sales, and Defendant H&D is jointly an employer of Defendant B, and jointly with the Plaintiff, KRW 381,895,636 (==23,053,430) in total, including net losses, transaction fees, and taxes incurred by the Plaintiff due to Defendant B’s tort.

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