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(영문) 대구고등법원 2017.09.13 2017나21436
손해배상(기)
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Defendant H&D Securities Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in financial investment business, such as investment trading business and investment brokerage business under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiff is a person who trades stocks, etc. through a securities account (entrusted) account established in the Defendant Company. Defendant B (hereinafter “Defendant”) is a person who works for the Daegu Branch of the Defendant Company and manages the Plaintiff’s above securities account and takes charge of investment consultation.

B. The Plaintiff’s account opening and credit loan transaction 1) around August 20, 2013, the Plaintiff opened an account with the Defendant Company (Account Number C, hereinafter “instant account”).

(2) The Plaintiff deposited KRW 70,000,000 and KRW 53,130,840,000 and KRW 53,130,000 and KRW 53,26,520 of shares around September 2013, and deposited KRW 10,000 as part of additional investment, around March 2014, and as part of additional investment, deposited and deposited KRW 15,00,000 and KRW 53,130,840 of shares and KRW 53,000 of shares around May 2014.

3. Around February 17, 2014, the Plaintiff traded shares through credit transactions by setting up a credit transaction account with a limit of KRW 500 million on the Defendant Company. A part of the credit transaction amount refers to the transaction in which a securities company receives a loan from an investor and purchases shares. The ratio of the appraised amount of the collateral to the credit transaction loan shall be at least 140%, which is set by the securities company, and if it falls short thereof, the ratio shall be recovered by paying the additional collateral with cash or substitute securities or selling the credit stocks until the date set by the securities company.

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