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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In around 2005, the Plaintiff was introduced Dol I (hereinafter “the deceased”) from Defendant D, a wife’s seat at the time when she worked as a new bank (the name at that time was a corporation Cho Heung Bank; hereinafter “new bank”) G branch.
B. On December 29, 2005, the Deceased purchased, at the Plaintiff’s recommendation, the beneficiary certificates of “BH-3” (hereinafter “the beneficiary certificates of this case”) sold by the New Bank of Korea (SH-3) at KRW 521,794, and 976.
C. The instant beneficiary certificates are ES (securities in which investment returns are determined by connecting with ESS securities, stock-linked securities, price of individual stocks, or stock price index) products. The assessment price of two underlying assets (new and modern common stocks) on the base price assessment date that comes every six months, which comes every six months, does not fall above 15% from the base price, or where there is an increase of 15% or more from the base price in both two items during the investment period, a profit of 10.0% per annum and an early repayment shall be made; however, only one underlying asset during the investment period without early repayment, which falls short of 40% from the base price, shall be the principal loss.
After that, the beneficiary certificates of this case were caused on January 2, 2008, which was the date of evaluation of redemption before the fourth redemption without fulfilling the conditions of early redemption. At that time, the new Dozism was formed at KRW 52,00,00, which was at the time when the base price (1,66 won) was higher than the base price, but the modern common share price was 68,500 won, which was the 68,50 won, so the redemption conditions (82,450 won or more) were not satisfied.
E. Around January 2008, there was a concern that the principal loss of the instant beneficiary certificates was likely to occur, and the deceased visited the J branch of a new bank that the Plaintiff worked as a branch at the time and urged payment of interest. On January 8, 2008, the Plaintiff deposited KRW 68,906,940 with the deceased’s new bank account (K) on January 8, 2008.