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(영문) 전주지방법원군산지원 2014.08.14 2013가합2261
예금
Text

1. Defendant Substitute Securities Co., Ltd. shall provide the Plaintiff with 1,001 shares for the KSIS 1,001 shares, 251 shares for the LG electronic shares, and the said international lectures.

Reasons

1. Basic facts

A. On July 2, 1999, the Plaintiff opened an account (Account Number C) for securities consignment sale with Defendant Substitute Securities Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. Defendant B, an employee of the Defendant Company, managed the Plaintiff’s account from around 2004 to 2012, and was in charge of the Plaintiff’s securities consignment sales.

C. On April 9, 2012, Defendant Company received an objection from a customer in charge of Defendant B to the effect that the details of transactions are different from the fact, and carried out an audit on Defendant B from April 11, 2012 to April 20, 2012. The result of the audit reveals that, as a result, Defendant B carried out a voluntary transaction at the customer’s account in charge, it issued a false balance certificate to the extent that it is not justified, and that it embezzleds investment funds.

The Defendant Company also revealed the fact that Defendant B made a voluntary sale in multiple accounts through the audit, and the “written opinion (Evidence A 4-5)” prepared through the audit stated that “Defendant B did not have any details of sales made from the Plaintiff’s account from March 7, 2008 to April 13, 2011, and that the civil petition investigation report (Evidence A 2) was made on April 13, 2012, and “2011” appears to be a clerical error of “2,256,71,890 won” until April 13, 2012.

A civil petition investigation report

1. Civil petitioners: A (C);

2. Documents submitted by the Plaintiff at the time of the submission by the Plaintiff, which converted the amount in the balance of the civil petitioner’s demand (as of April 9, 2012), as of April 14, 2012, to the documents submitted by the Plaintiff at the time of the submission of the claim for damages of KRW 6.7.2 million, are the evidence No. 5 (a balance statement) and the evidence No. 1-2 (a balance statement, and a subsequent entry and sale statement are attached) of the evidence No. 1-1 and No. 2, the Plaintiff received the evidence No. 1-2 from Defendant B on April 9, 2012, and the audit team of the Defendant Company on April 14, 2012.

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