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(영문) 서울고등법원 2018.02.09 2017나2045804
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendants is revoked, and the Plaintiffs corresponding to the revoked part are the Defendants.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the Defendants are liable for damages

A. As seen earlier prior to the determination of the cause of the claim, H, an employee of the E, F, G, and Defendant A of the Defendant B Bank, jointly established an speculative propagation on the decline in the share price index of 200 COS 20, and subsequently, the share price index of 200 COS 20 by selling stocks in large volume at time at the closing simultaneously.

E and other employees of the Defendants were deemed to have conducted market price manipulation (hereinafter “market price manipulation in this case”) with regard to the index 200 index, which is prohibited under Article 176 of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013; hereinafter “former Financial Investment Services and Capital Markets Act”) for the purpose of having the Defendants gain unjust profits from the trade of exchange-traded derivatives by such method.

E and other employees of the Defendants are liable for damages against the Plaintiffs pursuant to Article 177(1) of the former Capital Markets Act. Thus, barring any special circumstance, the Defendants, the employer, are liable for damages suffered by the Plaintiffs due to the pertinent market price manipulation pursuant to Article 756 of the Civil Act.

B. "The day when the Defendants became aware of the damage and the perpetrator" under Article 766(1) of the Civil Act, which is the starting point of calculating the short-term extinctive prescription of a claim for damages due to a tort, means the time when the Defendants actually and specifically recognized the facts of the requirements for the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the occurrence of the harmful act and the fact that there

When the victim et al. is aware of the fact of the requirement of tort, it is various objective cases.

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