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(영문) 서울동부지방법원 2015.02.03 2013가단123518
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 through 10, and purport of the whole pleadings);

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company running financial investment business including investment brokerage business under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiffs, as a husband and wife, opened derivatives accounts from February 2010, and Defendant D Co., Ltd (hereinafter “Defendant”) managed the Plaintiffs’ derivatives accounts while working for the Defendant Co., Ltd.

B. On February 8, 2010, the Plaintiffs opened each general derivatives account upon the recommendation of the employees of Defendant Company, and the transaction amount of each account was KRW 50 million, respectively.

(hereinafter “instant First Account”) C.

When managing the first account in the name of the Plaintiffs, the Defendant traded 200 options between February 2, 2010 and January 13, 2011. During the foregoing period, the balance of the deposit deposit in the first account in the instant case was reduced and the balance of the deposit in the Plaintiff’s account in January 13, 2011 was 10,812,635 won, and the balance of the deposit in the Plaintiff’s account in the Plaintiff’s name was 11,29,188 won.

After that, on March 2, 2011, Plaintiff A opened a new general account (hereinafter “instant secondary account”) upon the recommendation of Defendant Company’s employees, and deposited KRW 22,111,823 in the instant secondary account.

E. The Defendant, while managing the instant Second Account under the Plaintiff’s name, traded OS200 options between March 15, 2011 and June 24, 2012. During the said period, the balance of the deposit received in the instant Second Account was reduced due to the increase in the balance, and became KRW 13,94 as of October 13, 2012.

F. In order to recover the principal amount of KRW 100 million on April 20, 2012 to Plaintiff A, the Defendant has found a variety of solutions until March 2013 and has a good result as much as possible.

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