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(영문) 서울고등법원 2017.09.07 2016나2050038
손해배상(기)
Text

1. All appeals filed by the plaintiff C and D and the defendant against the plaintiff B are dismissed.

2. The plaintiff C, .

Reasons

1. In the first instance trial, both the Plaintiffs and the joint Plaintiffs A, E, F, and G of the first instance trial against the Defendant: ① a claim for damages based on a tort under the Civil Act by deception of △△; a claim for damages based on a fraudulent unfair trading under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”); a claim for return of unjust enrichment premised on the cancellation of the trust contract based on the Defendant’s deception; a claim for return of unjust enrichment premised on the invalidation of a breach of the provisions of the △△△ Trust Act; ② a claim for damages based on a breach of the suitability principle of the △△△△△△, a claim for damages based on a breach of the duty to explain under the △△△

The court of first instance accepted part of the claim for damages arising from a tort under the Civil Act among the plaintiff B's primary claim, the violation of the duty to explain under the Capital Markets Act by the joint plaintiff A (hereinafter "A") and part of the claim for damages arising from unfair trade recommendations by the plaintiff B and A, and dismissed all of the claims by the plaintiff C, the joint plaintiff E, F, and G.

The appeal of the plaintiff C and D respectively, and the defendant appealed against the plaintiff A and the plaintiff B as the object of objection, and the defendant filed an incidental appeal against them. The defendant revoked the appeal against the plaintiff and the incidental appeal against the plaintiff, which lost its validity.

Therefore, the actual scope of this court's judgment is limited to the part against the defendant among the claim for damages caused by the illegal acts under the Civil Act by the plaintiff B's deception and each claim of the plaintiff C and D.

2. The reasons why the court should explain this part of these facts are on the basis of the statement 1. 5 to 12, i.e., the statement 15 to 14, i.e., the third party decision of the court of first instance, except where the part concerning the first to 6, i.e., the third party decision of the court of first instance was written.

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