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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. From 2016, the Defendant worked as a site store of the original Cbank branch, a financial investment business entity, and recommended the Plaintiff to make an investment in the following fund products:
B. On August 16, 2016, the Plaintiff invested KRW 450,00,000 in a fund product. On October 12, 2016, the Plaintiff invested KRW 7,780,465, and KRW 200,000 on February 22, 2017; and upon termination on November 12, 2017, the Plaintiff incurred losses of KRW 73,090,637, respectively; and on January 17, 2018, the Plaintiff invested KRW 37,860,398,00 up to the end, resulting in a loss of KRW 117,617,90,90,00,000, and ultimately, the Plaintiff’s loss incurred from a part of the fund product was deducted from the profits earned from a certain fund product.
C. Article 46 (Principle of Suitability, etc.) (1) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”), which is a tort committed by the Defendant, provides that a financial investment business entity shall confirm whether an investor is an ordinary investor or a professional investor.
(2) Each financial investment business entity shall grasp information about the investment purpose, status of property, experience in investment, etc. of ordinary investors through interviews, inquiries, etc. before recommending investors to make an investment, maintain and manage the signatures (including digital signatures defined in subparagraph 2 of Article 2 of the Digital Signature Act; hereinafter the same shall apply), names and seals, recording, or other methods prescribed by Presidential Decree, and shall provide investors with the verified information without delay.
(3) No financial investment business entity shall recommend an ordinary investor to make an investment, if the investment is deemed unsuitable for the investor in light of the investment purpose, status of property, experience in investment, etc. of the investor.
Article 46-2 (Principle of Propriety, etc.) (1) Any financial investment business entity shall conduct derivatives and other transactions prescribed by Presidential Decree without recommending ordinary investors to make an investment.