1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 3, 2018, the Plaintiff transferred KRW 100 million to a securities account (Account Number D; hereinafter “instant account”) opened by the Defendant in C Co., Ltd. (hereinafter “C”).

C From January 5, 2018, employees E traded shares using the instant account from January 5, 2018, and sold all shares in the instant account on August 20, 2018 at Defendant’s request.

On September 11, 2018, the Defendant withdrawn KRW 68,304,015 from the remainder after the said sale, and remitted KRW 68,305,016 to the Plaintiff on September 12, 2018.

[Ground of recognition] The Plaintiff’s assertion as to the whole purport of the argument by the Plaintiff, based on the Defendant’s recommendation, transferred KRW 100 million to the account of this case, and delegated the Defendant with the affairs of share transaction in the account of this case.

Around June 2018, when the plaintiff returned to Japan, or around July 2018, the defendant requested that the plaintiff dispose of the shares, the defendant provided materials to verify the issue, quantity, price, details of stock transaction, etc. of the shares held in the name of the defendant and provided a good manager with an opportunity to determine when and how the shares held by the plaintiff are disposed of.

Nevertheless, on August 20, 2018, the Defendant, without any provision of data, sold the entire shares of the instant account at will on August 20, 2018, thereby causing damage to the Plaintiff (i.e., KRW 100,000,000 - KRW 68,305,016).

The defendant is obligated to pay to the plaintiff 31,694,984 won and damages for delay.

The plaintiff and the defendant asserted that they were the parties of relationship.

The Defendant’s securities account was managed by C’s Staff E, and the Plaintiff heard the contents of the Defendant’s and E’s currency and asked for an earning rate, and wishing to invest his own funds.

However, it is difficult for the plaintiff to open an account due to foreign relations.