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Reasons
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(영문) 서울남부지방법원 2018.12.21 2016가합104280
손해배상(기)
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1. The Defendant: (a) KRW 50,789,817 to Plaintiff A; (b) KRW 205,056,086 to Plaintiff B; and (c) each of them from May 19, 2016 to May 2018.

Reasons

1. Facts of recognition;

A. The plaintiff A and C are the parents of E, and the plaintiff B are the children of E, and the defendant is the company that runs the investment trading business, the investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act.

B. On August 2, 2010, Plaintiff A’s proxy opened an account for consignment trading (Account Number F) at the Defendant’s Gangseo Branch, and Party A was entrusted with the purchase and sale of shares to the said branch. (ii) Party A deposited the said account of Plaintiff A with KRW 5 million on August 2, 2010, KRW 500,000,000 on August 9, 2010, KRW 18,000,000 on August 18, 2010, and KRW 600,000 on September 6, 2010, but deposited KRW 603,200,000 on September 14, 2010.

As a result, as of October 18, 2010, the balance of the Plaintiff A’s account was KRW 161,304,166, and the total amount of KRW 18,000,000 from the said account was withdrawn as of October 18, 2010, KRW 25,000,000 on February 25, 2013, and KRW 40,000,000 on February 26, 2013.

C. E representing Plaintiff B’s spouse G on October 1, 2007, which opened a stock trading consignment account (Account No. H) at the Defendant’s Gangseo branch. On November 25, 2010, as the network G died on November 25, 2010, the account holder was changed to Plaintiff B on December 2, 2010 (including Plaintiff A and B’s respective accounts).

2) E deposited KRW 80,000,000 on October 13, 2010, and deposited KRW 280,000 on October 21, 2010, and KRW 200,000 on November 9, 2010, after entrusting the Defendant’s strong branch to a person in charge of the Defendant’s strong branch office.

As a result, the balance of the Plaintiff B’s account as of November 11, 2010 was KRW 512,909,268 (the balance of deposit received 512,911,446 - the loss of securities 2,178).

On March 31, 2016, when a share transaction through each of the instant accounts was completed by means of a full-time balance transaction on March 31, 2016, Plaintiff A’s account balance was KRW 19,724,531, and Plaintiff B’s account balance was KRW 102,797,095.

E. The Plaintiff C’s accession to the ESL product is E representing the Plaintiff C.

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