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(영문) 광주지방법원 2017.01.17 2016가단509186
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On June 9, 2009, the Plaintiff opened a stock account with Korea Investment Securities Co., Ltd. and directly visited the place of business to make equity investment.

B. On March 2013, the Plaintiff became aware of the Defendant working in Korea Investment Securities Co., Ltd., and was assisted in the transaction of stocks.

C. Around May 2014, the Plaintiff entrusted the Defendant with the right to trade his/her own stock account, and demanded prior consultation with the Plaintiff when purchasing or selling shares.

The Defendant purchased shares of KRW 2,300 per share of KRW 12,626 per share on September 1, 2014 without prior consultation with the Plaintiff, and voluntarily withdrawn KRW 29,040,000 from the Plaintiff’s share account.

E. The Plaintiff suffered damages equivalent to the above money due to the Defendant’s tort, which arbitrarily withdrawn KRW 29,040,000 from the Plaintiff’s share account while purchasing shares without prior consultation with the Plaintiff.

F. Therefore, the Defendant is liable to pay the Plaintiff the above KRW 29,040,000 with damages and damages for delay.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings, the Plaintiff and the Defendant’s telephone conversations as follows at the time when the Plaintiff purchased the aforementioned D stocks from the Plaintiff’s share account, based on the following: (a) evidence Nos. 1, 1, and 1; and (b) evidence No. 1.

(1) On August 18, 2014: the Defendant solicited the Plaintiff to sell the Plaintiff’s shares of Cexex Samsung Group, which were held in the Plaintiff’s account, and purchase D shares; the Plaintiff consented; the Defendant sold Cex Samsung Group’s shares, sold D shares, and notified the Plaintiff of the purchase order.

(2) On August 19, 2014, the Plaintiff confirmed the purchase of D Shares to the Defendant.

(3) On August 28, 2014: The Defendant notified the Plaintiff of the purchase of D shares, and the Plaintiff respondeded to this.

B. In light of the above facts of recognition, the Plaintiff submitted.

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