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(영문) 대구지방법원포항지원 2014.06.12 2013가단11971
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 5, 2005, the Plaintiff opened a securities account (Account Number: C; hereinafter “instant account”) at a branch office of Defendant Company B, and requested D working for the said branch office to manage the instant account on March 25, 2012 while doing securities transaction.

B. D sold a total of six items on March 27, 2012, from that time, D traded 37 shares with the instant account until June 5, 2012.

C. On February 13, 2013, the Plaintiff prepared a letter of commitment that the Plaintiff would refund KRW 30,000,000 to the Plaintiff by March 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. As to the claim for voluntary purchase and sale of shares, the Plaintiff asserted that D had a duty to pay for damages for the share price assessed at KRW 30,046,90 and delay damages assessed at KRW 30,046,90 on March 27, 2012, when managing the instant account, since D traded shares several times from March 27, 2012 to June 5, 2012 without the Plaintiff’s permission.

According to the evidence Nos. 1, 3, and 5, the defendant company informed the plaintiff in real time of the details of the account of this case in writing. D also managed the plaintiff's account while holding consultation with the plaintiff about the share transaction process, including telephone conversations with the plaintiff and sending text messages, and even in the telephone conversations between the plaintiff and D, it can be acknowledged that the plaintiff is not liable for the management of the account of this case to D or raised an objection against the share transaction. In light of the above facts of recognition, it is reasonable to view that the plaintiff was comprehensively responsible for the management of the account of this case to D. Thus, the plaintiff's above assertion is not accepted.

(b).

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