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(영문) 수원지방법원 2018.06.21 2016가단535766
손해배상(기)
Text

1. The Defendant’s KRW 10,549,615 as well as the Plaintiff’s annual rate from August 12, 2013 to June 21, 2018.

Reasons

1. Basic facts

A. The party status (1) The Intervenor joining the Defendant was an affiliated company of the Dongyang Group, which is a company established for the purpose of investment brokerage business, etc. as stipulated in the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) with the trade name of the Dongyang Securities Co., Ltd. (hereinafter “Dongyang”) and the Dongyang Mutual Securities Co., Ltd. (hereinafter “Dongyang Mutual Securities Co., Ltd.”) and the Dongyang Leisure Co., Ltd. (hereinafter “Dongyang Leisure”), and the Dongyang Leisure Co., Ltd. (hereinafter “Dongyang Leisure”), and was converted into the company name as of October 1, 2014.

(2) The Defendant, as an employee of the Intervenor joining the Defendant, engaged in sales, purchase, etc. of securities, etc. at the customer’s request, at the Defendant’s request.

B. Plaintiff’s prior investment (1) around 2008, the Plaintiff created a CMA account in the Intervenor joining the Defendant Company and began financial investment instruments trading upon the Defendant’s solicitation as a staff member.

(2) On July 29, 2013, upon the Defendant’s recommendation, the Plaintiff entered into an asset-backed electronic short-term electronic bond (name of a product: YangyangY-W short-term electronic trust trust 3039; hereinafter “pre-paid trust bond”) as an asset incorporated into a specified money trust agreement (hereinafter “pre-paid investment agreement”) and invested KRW 203,00,000,000, out of the originally planned investment amount of KRW 400,000,000.

(3) Upon receiving the Defendant’s request, the Plaintiff visited a branch on August 7, 2013 and signed the name on the “Detailed Statement of Trust Contract and Specified money Trust Operation Manual (Evidence A)” (Evidence A) and the product description of incorporated assets, which are the contract documents for prior investment contracts. The details of the management instruction of specified money trusts among them are as follows.

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