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(영문) 제주지방법원 2018.05.17 2017나12493
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 17,00,000 as well as the full payment with respect thereto from April 8, 2017.

Reasons

1. Facts of recognition;

A. The alternative securities company (hereinafter “alternative securities”) is a financial investment business entity under Article 8 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”); and the Plaintiff is an employee of the said company.

B. On May 30, 2014, the Defendant opened a securities account (Account Number C: hereinafter “instant account”) at the securities proposal point, instead of a securities proposal point, and thereafter, managed the instant account by the Plaintiff.

C. The sum deposited by the Defendant in the instant account during the transaction period is KRW 188 million, and the transaction is discontinued and the amount withdrawn from the said account on August 20, 2015 is KRW 39,043,005.

On August 3, 2015, when the credit security amount of KRW 17 million was insufficient, the Defendant received KRW 17 million from D, his/her wife, and on August 5, 2015, the Plaintiff transferred KRW 17 million to the account in the name of the Defendant, known to him/her, on August 5, 2015.

E. When the Defendant considered a big loss due to a significant decline in the value of the Defendant’s shares held by the Plaintiff, the Defendant, on August 6, 2015, demanded the Plaintiff to recognize the Plaintiff’s fault liability and compensate for the principal loss.

Upon the conclusion of the consultation, the Plaintiff recognized the ratio of liability between the Defendant and the Defendant as the Plaintiff 70% and the Defendant 30%, but reflecting the amount of KRW 17 million that the said Plaintiff remitted to the Defendant, the Plaintiff agreed to reduce the Defendant’s liability to the Defendant’s account of alternative securities less than the following agreements:

The ratio of liability shall be agreed to the "70% of the plaintiff and 30% of the defendant," and 70% of the principal shall be preserved, and no liability other than the plaintiff or damages shall be charged in any case.

1. 70% of the principal amount per 188 million won shall be reimbursed for approximately 137 million won;

2. The period shall be until December 31, 2015.

3. In the case of KRW 137 million, the Plaintiff shall reimburse the remainder of the loan amounting to KRW 17 million, and in the case of KRW 120 million or more, the remainder shall be compensated, and in the case of KRW 120 million or less, the remainder shall be 120 million or less.

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