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(영문) 대구지방법원 2014.12.19 2014나10913
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 5, 2005, the Plaintiff opened a share account (Account Number: C; hereinafter “instant account”) at the Defendant Company B’s branch, and requested D working at the said branch office on March 25, 2012 to manage the instant account.

B. D sold a total of six items on March 27, 2012, from that time, D traded 37 shares with the instant account until June 5, 2012.

C. Of that, on February 13, 2013, the Plaintiff prepared a letter of intent to refund KRW 30,000,000 to the Plaintiff by March 31, 2013.

D Upon requesting the Plaintiff to withdraw cash from the instant account, D received a check from the Plaintiff, signed and sealed by the Plaintiff, and withdrawn KRW 8,758,000,000 in total, from May 25, 2012, KRW 2330,000,000, KRW 579,000 on June 5, 2012, and KRW 8,758,000 on June 8, 2012, and used it individually.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 17, 18 (including branch numbers, if any)

2. The Plaintiff’s assertion is the Plaintiff’s employer, and the Defendant is obligated to pay KRW 30,046,90 to the Plaintiff for compensation for damages arising from the following causes for a period of 71 days from March 27, 2012 to June 5, 2012.

D's breach of duty to protect customers did not fulfill the duty to explain the suitability principle under the Capital Markets Act with respect to uncertain circumstances. D's breach of duty to protect customers was liable to the Plaintiff for damages caused by the violation of the duty to protect customers as above.

B. D, while managing the instant account, sold shares more than two times without the Plaintiff’s permission from March 27, 2012 to June 5, 2012.

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