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(영문) 서울중앙지방법원 2015.02.05 2014가단5109504
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Defendant B, an employee of Defendant Uanan Securities Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff’s assertion securities company, committed an unfair investment solicitation agreement with the Plaintiff around February 2013, thereby causing the Plaintiff to lose the amount equivalent to KRW 74,477,661 out of the investment principal from that time until December 24, 2013.

Therefore, Defendant B is a tort, and Defendant B is jointly and severally liable for the damages incurred by the Plaintiff as the employer of Defendant B.

2. Determination

A. In order to establish tort liability against an investor where an employee of a securities company actively recommended an investment to a customer, but the investor suffered loss as a result of the investment, it is not required to demand the existence of active deception as to whether to guarantee a profit, but at least to take into account the transaction details and transaction methods, customer’s investment situation (property status, age, social experience, etc.), transaction risk, and the degree of explanation as to the transaction’s explanation, and then, it is deemed that the act of solicitation constitutes an act of neglecting a duty to protect the customer’s interests, and thus, constitutes an act of infringement upon a general investor with insufficient experience and experience to interfere with the formation of correct awareness about the risk inevitably accompanying the transaction’s transaction or actively soliciting a transaction involving excessive risk in light

B. (See, e.g., Supreme Court Decision 2000Da50312, Jan. 10, 2003).

As to the instant case, the Defendant Company is a corporation with the objective of securities sale and consignment transaction, and the Defendant Company is an employee belonging to the Mapo Branch of the Defendant Company, and the Plaintiff entered into a futures option transaction agreement with the Defendant Company through the Defendant Company around February 2013, and the Defendant B comprehensively entrusted all matters pertaining to the stock transaction from the Plaintiff, and the Plaintiff thereafter entered into a stock transaction with the Defendant Company.

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