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(영문) 서울중앙지방법원 2015.10.22 2014가합532236
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the party is 1) The Defendant one Financial Investment Company (former trade name: one investment securities company; hereinafter “Defendant Company”) without distinction before and after the change.

(2) Defendant C has been engaged in securities business since 1994 and managed Defendant B’s account since 2003.

around July 2007, Defendant C worked as the head of Defendant Company’s D Branch, and managed the Plaintiff’s securities account in the name of the Plaintiff.

3) Defendant B, the president of the “E” grouping in the Republic of Korea, and the Plaintiff was working as vice-chairperson. B. The Plaintiff’s securities account opening and stock transaction 1) on July 26, 2007, the Plaintiff opened a securities account in the name of the Plaintiff at the Defendant Company D branch (hereinafter “Plaintiff Account”) and deposited KRW 100 million in the account.

On October 30, 2007, the Plaintiff deposited KRW 100 million in the above account additionally.

2) Defendant C managed the Plaintiff’s account through a stock security loan and a stock purchase and sale. On October 31, 2012, the balance of the Plaintiff’s account as of October 31, 2012 became KRW 1,482,654. [Grounds for Recognition] The fact that there is no dispute, Party A’s evidence Nos. 1 and 2 (including a serial number), and the purport of the entire pleadings.

2. The plaintiff's assertion

A. A. Around July 2007, Defendant B actively proposed that the Plaintiff will guarantee at least the interest equivalent to the principal and the bank interest and create more profits if the Defendant B, who received a claim for the agreed amount of the contract against Defendant B, will deposit the surplus funds to the Plaintiff.

On July 26, 2007, the Plaintiff accepted Defendant B’s proposal and found Defendant D Branch on July 26, 2007, opened the Plaintiff’s account, and deposited KRW 100 million into that account.

Defendant B deposited 100 million won in addition to the above account on October 30, 2007, stating that it will receive more money.

However, around October 2012, the plaintiff received notification of the balance status of the plaintiff's account from the defendant company.

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