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(영문) 부산지방법원 2017.12.22 2017나43265
손해배상(기)
Text

1. The part against the defendant B in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant B is dismissed.

2...

Reasons

1. Basic facts

A. The party status 1) Defendant H&D Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

(2) On October 4, 2002, the Plaintiff opened a fund account (Account Number D) in connection with the Plaintiff’s general account at the Defendant Company C Branch, and opened a fund account (Account Number E) in connection with the said general account, and traded with the Defendant Company.

3) On October 25, 2005, Defendant B opened a consignment account (Account No. H; hereinafter “instant consignment account”) in connection with the said comprehensive account at the Defendant Company C’s branch, and opened an item account (Account No. 1) in connection with the said fund account in connection with the management of the beneficiary certificate sector among the accounts in the name of Plaintiff and Plaintiff G as the principal customer. From January 201, Defendant B was in charge of the management of the securities account in the name of Plaintiff and Plaintiff. From January 201, Defendant B was in charge of the management of the securities account in the name of F. B. The Plaintiff opened a consignment account (Account No. 1; hereinafter “instant consignment account”).

(2) On March 25, 201, the Plaintiff deposited KRW 267,377,672 in the instant fund account on March 25, 2011, and deposited KRW 267,377,672 from the said fund account to the first consignment account, and deposited KRW 50,000,000 on April 12, 201, and KRW 10,000,000 on April 21, 201, the Plaintiff deposited KRW 200,00,000 in the instant consignment account in total to the instant consignment account, and deposited KRW 20,00,00,000 in the instant consignment account in the name of 20,00,000,000 (hereinafter “instant consignment account”) and deposited KRW 25,00,000 in the instant consignment account in the name of 30,000,000 each of the instant shares.

C. The Plaintiff is responsible for the share transaction and the conclusion of the transaction. The Plaintiff is responsible for the share transaction to the Defendant B, and it is directly responsible for the share transaction.

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