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(영문) 창원지방법원 2015.03.18 2014가단9420
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant Daewoo Securities Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a financial investment business entity that mediates an investor’s stock transaction as a financial investment business entity, and Defendant B is an employee of the Defendant Co., Ltd

B. Defendant B took charge of the management of the securities trading account opened by the Plaintiff on November 4, 2008 (hereinafter “instant account”).

C. Defendant B purchased 1,00 shares of Hyundai Securities through the instant account on January 12, 2009, 250 shares of Samsung C&T on April 25, 201, 247 shares of Samsung C&T on April 28, 201, and 920 shares of STX Shipbuilding on July 20, 201.

On September 20, 2012, the Plaintiff visited Defendant Company's business store to purchase 1,320 shares of STX Shipbuilding.

E. On November 28, 2013, the Plaintiff withdrawn KRW 3,228,595 from the instant account, thereby suspending the transaction of stocks through the said account.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. In managing the instant account, Defendant B arbitrarily purchased the shares of modern securities and Samsung precision without the Plaintiff’s permission, and committed an illegal act, such as withholding, even though the Plaintiff ordered the sale of shares of the STX Shipbuilding, and thereby inflicted property damage on the Plaintiff (i.e., KRW 21,200,000 (i., KRW 250 + 84,800).

B. In addition, on September 20, 2012, the Plaintiff’s additional purchase of the STX Shipbuilding’s shares should rather be sold, so the Defendant B did not have the obligation to recommend other methods to the Plaintiff. Ultimately, the Plaintiff’s delisting of the said shares, thereby causing property damage to the Plaintiff (STX Shipbuilding’s 920 note x 26,150 won).

C. Therefore, Defendant Company is jointly and severally liable for the Plaintiff’s damages due to Defendant B’s tort as the employer of Defendant B, and the Defendants are partly liable for the damages.

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