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(영문) 서울중앙지방법원 2012.11.23 2012가합46168
손해배상
Text

1. The Defendant: (a) KRW 106,831,509 for the Plaintiff and KRW 5% per annum from March 31, 2011 to November 23, 2012; and (b) the Plaintiff.

Reasons

Basic Facts

On June 25, 2010, the Plaintiff opened a derivatives account at the Defendant’s branch (hereinafter “instant account”) and deposited KRW 450,000,000 into the instant account after designating C as its agent, and traded futures options through C.

As a result of the Plaintiff’s transaction by October 8, 2010 through C, the Plaintiff suffered a loss of KRW 171,665,02, and D, the husband of the Plaintiff, visited the Defendant’s branch office B, and notified the suspension of the transaction at the time of protesting against excessive trading.

Accordingly, the head of the Defendant’s branch E and C requested D to reduce the fee collected by the Defendant and refrain from the over-the-counter trading, and to suspend the subsequent transaction, and to make an additional deposit. D accepted this, and deposited KRW 50,000,000 in the instant account on October 18, 2010.

Since then C continued a transaction through the instant account, but the amount of loss is growing, and D calls for this, C issued a promissory note, which is the debtor C and the payee, on December 14, 2010, and notarized it, and E endorsedd on the said note.

On March 17, 2011, the Plaintiff filed an application for extension to designate C as the Plaintiff’s business agent by March 16, 2012, and C continued the transaction through the instant account until March 30, 2011.

At the time of March 30, 2011, the balance of the instant account was KRW 144,840,228, and the transaction commission accrued during nine months from June 25, 2010 to March 30, 201 was totaling KRW 356,105,030.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 1 to 5, witness E's testimony, and the purport of the whole pleadings.

Judgment

C’s over-the-counter trading Plaintiff designated C as an ordering agent for the instant account, and subsequently comprehensively delegated C the trading authority through the said account, and C’s commission incurred from trading through the instant account from June 28, 2010 to July 8, 2011 is KRW 356,105,030, and during the said period, the balance of the instant account was KRW 353,989,372.

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