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(영문) 대구지방법원 2016.02.03 2015나302053
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Defendant U2S Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that conducts investment trading business, investment brokerage business, discretionary investment business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

B. On February 26, 2008, the Plaintiff opened a consignment account (Account Number: D; hereinafter “instant account”) at the Defendant Company C Branch (hereinafter “instant branch”) and requested Defendant B, an employee of the said branch, to manage the instant account.

C. Defendant B had been managing the instant account from around that time. On July 21, 2011, the deposit received from the instant account was KRW 62,300,856, and the Plaintiff’s shares owned were eight items, such as KS, Hyundai Motor, Hyundai Heavy Industries, Modern Heavy Industries, Modern Heavy Industries, Commercialization, Tho Petroleum, Sknobation, and Eknobru, which were the total sum of KRW 150,282,50,00, as of the closing price.

From July 22, 2011 to August 26, 2011, Defendant B purchased or sold additional shares through the instant account, and even conducted transactions through credit loans in the process.

(hereinafter “instant stock transaction”). E.

The Plaintiff withdrawn KRW 7,521,552 on August 23, 2011 from the instant account, and KRW 33,505,649 on August 26, 201, and suspended the share transaction through the instant account.

No investment trader or investment broker under Article 71 of the Financial Investment Services and Capital Markets Act shall commit any of the following acts:

Provided, That such cases may be conducted if there is no possibility of undermining the protection of investors or sound trade practice, as prescribed by Presidential Decree.

6. Acquiring, disposing of, and managing financial investment instruments separately for each investor, with authorization from investors, entirely or partially, for making decisions on investment in the financial investment instruments: Provided, That such act shall be performed;

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