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(영문) 서울중앙지방법원 2017.12.21 2016가합555905
손해배상금 청구의 소
Text

1. The Defendant’s KRW 166,950,941 as well as 5% per annum from September 25, 2013 to December 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties is the defendant. The defendant is under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

(2) The Plaintiff is a company established with the aim of running an investment trading business, an investment brokerage business, an investment advisory business, a discretionary investment business, etc. as prescribed in Article 6. B is the head of the C team established by the Defendant from December 2002 to the C branch office from November 2005, and is a person in charge of PB (PL holding and customer service that comprehensively manages assets, such as deposits, stocks, and real estate, for large-scale assets) while working as the head of the C branch office from November 2005. (2) The Plaintiff is an investor whose investment money is deposited with the Defendant from March 25, 2003, the time when the Defendant was newly established.

B. The Plaintiff’s investment background 1) The Plaintiff’s employee B’s invitation from November 3, 2008 to February 10, 2009, referred to the “FE 3 (hereinafter “the Fund”), KBBBB real estate investment trust 7, 6, 7, 7, 7, 7, 7, and 6, 7, 6, 6, 6, 6, 6, 6, 6, 19, 1, 1, 1, 1, 10, 10, 10, 3, 7, 7, “the Fund” (hereinafter referred to as the “instant 7 funds”).

2) B purchased the Plaintiff’s beneficiary certificates in total in the Plaintiff’s wife-type D name in KRW 2,747,230,487. (2) The Defendant’s creation of the Defendant’s C, thereby guaranteeing a high rate of return to customers and, upon request, the customer has induced a lot of customers at any time in a manner that promises to cashe the securities purchased by the Fund.

B Since the financial crisis in around 2008, there was no way to dispose of non-performing fund beneficiary certificates in the course of dealing with the demand of customers to fix their purchased beneficiary certificates, and there was no way to dispose of them. The existing customer is the Plaintiff who was in charge of large assets management.

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