1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On September 22, 2008, the Plaintiff opened a consignment account at a branch of Korea Investment Securities Co., Ltd. on September 22, 2008, and requested a discretionary sale and purchase of shares, and traded shares through the Defendant, the employee in charge, and the fact that the discretionary sale and purchase of the said shares was completed on January 28, 2009 does not conflict between the parties.

2. The Plaintiff, while making a judgment on the cause of the claim, incurred a loss of at least 64 million won in stock transaction via the Defendant, and the above loss was caused by the Defendant’s failure to make reasonable choice as an expert, such as conducting stock transaction involving excessive risk, and thus, the Defendant is obligated to pay the Plaintiff a reasonable amount of 64 million won in compensation for damages incurred by the tort and damages incurred therefrom.

In order for an employee of a securities company to actively recommend investment to the customer of an investment, but to be held liable for tort against an investment in the event of loss as a result of investment, it does not require the existence of active deception as to whether to guarantee the profit of the investor, but rather, it is a case where the illegality can be assessed by neglecting the duty to protect the customer by taking into account at least the transaction details and transaction methods, customer’s investment situation (property status, age, level of social experience, etc.), transaction risk, and the degree of explanation on the transaction risk.

(See Supreme Court Decision 200Da50312 delivered on January 10, 2003, etc.). Therefore, as to whether the Defendant committed an act of neglecting the duty of protection against the Plaintiff, it is not sufficient to recognize the act solely with the descriptions of health class, Gap 1 and 5, and otherwise, evidence to acknowledge it.