logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.02.02 2017나2044320
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Plaintiff B (hereinafter “Plaintiff B”)

2) The Defendant U.S. U.S. U.S. Investment Advisory Co., Ltd. (hereinafter “Defendant U.S. Deposit”) and Defendant future U.S. Deposit (hereinafter “Defendant future Deposit”) are financial investment business entities under Article 8 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

3) Defendant C is an employee of the Defendant’s future set-off (the head of I branch). 4) From 2013 to 2013, the Plaintiffs sought opinions from Defendant C regarding investment, and invested in financial products, such as asset-backed short-term bonds and stock-linked derivatives bonds, through asset-backed short-term bonds and stock-linked derivatives bonds.

B. The term “collective investment contract between the Plaintiffs and Defendant U.S.C. 1”) Defendant U.S. Deposit refers to the right to purchase the underlying assets at a specific price at a specific time specified as an option of different event prices related to C.S. 200 index listed on the Korea Exchange as the contract amount for which investors are entrusted to make an investment.

) Financial investment instruments with the content that profits are earned by selling and purchasing the category and that where the cumulative yield does not exceed 18% per annum, 20% of the total earnings, and where the cumulative yield exceeds 18% per annum, 30% of the total earnings as performance fees (hereinafter “instant product”).

2) On January 27, 2014, the head of the D team of Defendant C and Defendant C had visited the office of Plaintiff B on January 27, 2014, and introduced the instant product using the Defendant’s U.S. Investment Advisory Note (Evidence A5; hereinafter “instant product proposal”) for about one hour and 30 minutes to Plaintiff B’s F audit, G management support team head, and H management support team agent.

Defendant C, on February 12, 2014, ordered Plaintiff A to make an investment in the instant product.

arrow