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(영문) 서울동부지방법원 2018.02.02 2016가합106948
손해배상(기)
Text

1. The Defendant: (a) KRW 33,096,079; (b) KRW 118,536,987 to Plaintiff B; and (c) each of them, from August 20, 2016 to February 20, 2018.

Reasons

1. Basic facts

A. The plaintiff A is between the defendant's C Branch D and the military service, and the plaintiff B is the job partner of the plaintiff A.

Upon D’s recommendation, the Plaintiffs entrusted D with each of the shares of approximately KRW 15 million owned by Plaintiff A, approximately KRW 96 million owned by Plaintiff A, and KRW 96 million owned by Plaintiff B to the Defendant for its operation on December 201, 201, and around October 2012.

(hereinafter “instant entrustment contract”). B.

At the time of entrusting each of the above cash, the Plaintiffs requested D to invest in and manage financial instruments with less possibility of loss of principal, and accordingly, D recommended the Plaintiffs to invest in stocks with high return on investment from around that time to April 2012 while investing and operating them in good bonds, etc.

C. On April 2012, according to D’s recommendation, the Plaintiffs agreed to each of the above cash consignment amounting to KRW 200 million to E and engage in stock transaction. On April 27, 2012, Plaintiff A’s F account (hereinafter “First Account”) and Plaintiff B’s G account (hereinafter “Third Account”), each of which was KRW 200 million, and thereafter, E operated KRW 1 and 3 accounts from that time.

From October 2012, D operated the shares transaction mainly with the consent of the plaintiffs from around October 2012, when the contract period with E expires, D operated the shares transaction with the consent of the plaintiffs, and around May 2013, after the termination of the contract period with E. The first and the first and third accounts with the first account with the "Plaintiff A" (hereinafter referred to as "Plaintiff A") and the first account with the "Plaintiff B" (hereinafter referred to as "the third account").

E. On February 2016, the instant consignment contract was terminated by expressing the Plaintiffs’ intention of termination to the Defendant on the ground of the occurrence of damages.

[Reasons for Recognition]

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