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(영문) 서울중앙지방법원 2018.12.14 2018가단5109038
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On August 2014, when the Plaintiff traded with Defendant Bank C branch, the Plaintiff was informed of, and recommended investment in, the securities investment trust No. 1 [DS-mar type] and 401 [ES-mar type] of securities investment trust (ES-mar type] (hereinafter “instant LS Fund”) (hereinafter “instant LS Fund”), and “instant ES Fund” (hereinafter “instant ES Fund”) which are the securities sold by the Defendant Bank, from Defendant B, an employee of the said branch.

On August 2014, the Plaintiff visited the Defendant Bank again and invested KRW 181 million in each of the instant funds that were withdrawn on August 13, 2013 when the Plaintiff was making investments, but the Plaintiff decided to appoint specific funds to Defendant B. However, on the said date, the Plaintiff was scheduled to make a business trip, and Defendant B made and delivered a written statement of money in advance so that Defendant B may subscribe to each of the instant funds by withdrawing money from the Plaintiff’s deposit account on behalf of the Plaintiff, thereby enabling the Plaintiff to subscribe to the instant funds.

On August 13, 2013, Defendant B withdrawn 181 million won (RP redemption 179,975,807 won and general deposit 1,369,719 won) from the Plaintiff’s account, and subscribed to the instant LS Fund in the name of the Plaintiff.

In the process, Defendant B prepared various documents necessary for the accession of the Fund, such as investor information confirmation, investor confirmation, investment prospectus issuance, major explanation confirmation, and application for beneficiary transaction in the name of the Plaintiff.

Defendant B issued the beneficiary certificate passbook, etc. to the Plaintiff who visited Defendant Bank around August 2014.

DS funds in this case are able to be redeemed even before maturity with products with a maturity of 24 months from the initial date of creation (as of August 14, 2014), and (i) the price of underlying assets (in the case of the subordinate tex over the last month futures trading price) every four months from the initial date of creation (as of August 14, 2014, redemption fees equivalent to 5% of the investment principal).

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