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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company engaging in investment trading business, investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act and a financial company under the Electronic Financial Transactions Act. The Plaintiff is an ordinary investor who has opened an account with the Defendant and traded overseas derivatives through a system under which an individual investor is able to trade stocks using a computer installed in a house or office without going through a guest or a telephone, and an individual investor is an ordinary investor who has opened an account with the Defendant and conducted an overseas derivatives transaction through a system under which an individual investor is able to trade stocks by using a computer installed in a house or office without going through a telephone.
B. On January 5, 2016, the Plaintiff opened a bank-linked account with the Defendant, and began overseas futures investment from February 3, 2016 to CrudeO.
C. The Defendant received information from a third data brokerage company and provided customers with information such as the market price, which was received from a third party data brokerage company, rather than providing it again to customers, such information as the market price, which was received from a foreign futures exchange, was directly provided by the Defendant’s HTS and MTS.
[Ground of recognition] A without dispute, Gap evidence 1 through 5 (including each number, hereinafter the same shall apply), Eul evidence 3, 4, and 6, witness B's testimony, and the purport of the whole pleadings, unless the number is otherwise specified.
2. The gist of the Plaintiff’s assertion: (a) the message “data recipients” was put out when the Plaintiff tried to make orders through the Defendant’s MTS as indicated below; (b) the Defendant’s failure to operate the MTS or delay in indication of information (hereinafter “computer failure”); and (c) the Defendant’s failure to provide the Defendant’s incomplete services, thereby doing overseas futures trading using the Defendant’s MTS.