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(영문) 서울서부지방법원 2017.08.17 2015가합35324
손해배상(기) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence 1 to 3, 7 to 10, and Eul evidence 3 and 17 (including branch numbers, if any; hereinafter the same shall apply).

Defendant Korea Investment Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that runs financial investment business, investment advisory business, etc., and Defendant B is a person who works as a deputy head at Defendant C’s branch office.

B. On February 18, 2011, the Plaintiff refers to a consignment product, futures option product, and the CMA PRP (RP) invested in a bill or bond, and a performance-based financial product that invests a customer’s deposit in a bill or bond and returns profit therefrom to the customer.

When opening a new account for goods, the Defendant Company entered into a transaction agreement (hereinafter “instant agreement”) and accordingly, opened an account for the management and operation of the Plaintiff’s consigned goods (Account Number D; hereinafter “instant account”).

On the same day, the Plaintiff filed an application for HTS (HTS investors are a system that pays orders for trading stocks by using computers at home or at work without going to a securities company or by telephone.) and filed an application for smartphone service on February 21, 201 and processed each registration.

C. On June 22, 2012, the Plaintiff started trading of stocks using smartphones from the time of purchase of stocks. From October 11, 2012 to August 23, 2013, the Plaintiff made a trading of stocks through telephone conversations with Defendant B or smartphone mobile phone (hereinafter “instant trading period”). D.

With respect to the management of shares in the instant account, Defendant B is against the Plaintiff’s will.

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