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(영문) 창원지방법원 2014.09.17 2013가합2092
손해배상(기)
Text

1. The Defendants: (a) KRW 85,462,964 to each Plaintiff; and (b) KRW 5% per annum from April 13, 2013 to September 17, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant Korea Investment Securities Co., Ltd. (hereinafter “Defendant Company”).

) While opening an account at the Changwon WMF branch and conducting securities transaction, from September 2, 2009, Defendant B, an employee of the said branch, asked Defendant B, who was the employee of the said branch, to manage the said account by operating the deposit, etc. of the said account, and was in charge of managing the said account. Defendant B operated the said account until April 5, 201. Defendant B, upon being entrusted with the management of the account by the Plaintiff, demanded the Plaintiff to make a report on the purchase and sale of the account every day at the time of being entrusted with the management of the account by the Plaintiff, but the Plaintiff provided that “one-day Defendant B shall be aware of the fact, and may not be made by telephone.”

3) However, Defendant B explained to the Plaintiff that it would not permit the discretionary purchase and sale of shares at an audit team because it was an employee who could not engage in a discretionary sale, and explained to the Plaintiff that it would not permit the discretionary sale and sale of shares in the way that the Plaintiff directly visited the Plaintiff to order the sale and purchase of shares in order to avoid such sanctions, and then made a stock transaction in the same way. (B) On September 2, 2009, when the Plaintiff was to be entrusted with the management of the account to Defendant B, the total amount of assets of the said account was KRW 957,614,266, and the total amount of assets of the said account was KRW 672,737,717 as of April 5, 2011 when the management of the said account was completed, and the Plaintiff suffered damages of KRW 284,876,549, total amount of assets during the period of account management by Defendant B during the period of account management by Defendant B.

2) The total transaction fees for the period during which Defendant B managed the said account are KRW 112,797,320, KRW 38,022,660, KRW 150,822,980, and the total transaction expenses are KRW 112,797, KRW 320, KRW 38,025,660 (=).

As a result of the appraisal by the supervision committee of the Korea Exchange from September 2, 2009 to August 8, 2011, total fees of 116,402,640 won, taxes of 42,429,686 won, transaction expenses of 158,832,326 won were calculated, and the said appraisal statement is calculated based on the details indicated in the monthly total settlement status of profits and losses and the comparison of the transaction turnover rate.

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