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(영문) 수원지방법원안산지원 2019.01.09 2018가단10616
약정금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff entered into a specified money trust agreement with the Defendant bank and deposited KRW 100 million in the trust account (Account Number F) from May 15, 2014 to May 15, 2017.

B. The Plaintiff received a statement from the employees of the Defendant Bank on the I goods linked to G futures recent months and H futures (hereinafter “instant investment goods”) and instructed the Defendant Bank to operate KRW 100 million in the instant investment goods even after hearing the risk of all or part of the principal invested in the said investment goods and the explanation that the Defendant Bank is not responsible for investment losses.

C. The trust passbook issued by the Plaintiff from the Defendant bank at the time stated that “this financial product is not protected by the Korea Deposit Insurance Corporation pursuant to the Depositor Protection Act. This performance-based dividend product may vary depending on the performance of trust property and may cause loss to the original.”

After that, according to the maturity of the trust term under the status of loss of principal invested in the investment product of this case, the Plaintiff was returned to part of the investment principal from the Defendant.

【Legal basis for recognition】 Evidence No. 2, Evidence No. 1, Evidence No. 2-1, and evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion was entrusted KRW 100 million to the instant investment product upon the recommendation of Defendant B and the head of the branch office, Defendant C, the director of Defendant Bank E branch.

At the time, Defendant B and Defendant C promised to pay the Plaintiff the sum of the principal and interest KRW 121 million (=one hundred million interest (= KRW 100 million x 0.07 x 3 years) at maturity while guaranteeing the Plaintiff’s interest income of the principal and 7% per annum.

Nevertheless, even though the trust maturity has arrived, the defendants are 44 million won.

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