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(영문) 서울남부지방법원 2015.05.22 2014가합101546
손해배상(기)
Text

1. The Defendant’s KRW 93,598,00 for the Plaintiff and KRW 5% per annum from August 8, 2011 to May 22, 2015.

Reasons

1. Basic facts

A. The Defendant is a financial investment business entity that engages in investment trading business, investment brokerage business, investment advisory business, and discretionary investment business based on the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

B. Around March 2011, the Plaintiff’s husband D was requested to recommend a safe product when the rate of return is higher than the bank deposit interest rate and the Plaintiff’s husband D was requested to recommend a safe product.

C recommended D to provide a direct explanation from E employee while recommending investment-oriented products operated by E Co., Ltd. (hereinafter referred to as “E”).

C. On March 30, 201, the Plaintiff, a spouse of D, visited the Defendant’s pressure stop point, and explained about the operation system, operational performance, etc. of the E-director’s products managed by E from E F, and concluded an E and a discretionary investment contract (hereinafter “instant discretionary investment contract”) with E (hereinafter “instant financial investment instrument”).

The main contents of the instant discretionary investment contract are as follows.

Article 2 (Subject Matter of Discretionary Investment) In providing the Plaintiff with discretionary investment services, the subject matter of discretionary investment shall be any of the following:

1. KOSPI200 futures and options listed on the Korea Exchange;

2. Other financial investment instruments that the Plaintiff and E pre-consulted with each other, Article 12 (Responsibility for Management of Contract Assets and Reversion of Profit and Loss) of the Financial Investment Services and Capital Markets Act (the management of contract assets) is carried out in accordance with E’s judgment, and profits and losses arising from

Article 20 (Terms of Contracts) Details of contracts agreed upon with the Plaintiff and E are as follows:

1. Contract term: From March 30, 2011 to March 29, 2012;

2. Contract assets: 200,000 won;

D. On May 2, 2011, the Plaintiff entered into a contract with E to change its contractual assets to KRW 700,000,000, and the limit of losses in the management of “contractual assets” is limited.

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