beta
Text
1. The Defendant’s KRW 15,357,989 for the Plaintiff and its related KRW 5% per annum from December 31, 2013 to November 10, 2016.
Reasons
1. Basic facts
A. On June 21, 2011, the Plaintiff opened a share account (Account Number: C; hereinafter “instant share account”) at the Defendant Company B’s branch, and entered shares (the closing price on the preceding day is equivalent to KRW 144,287,900) held by the Plaintiff in Samsung Securities Co., Ltd., and requested the head of the branch office D to manage the said account.
B. From June 21, 201 to March 7, 2012, the Plaintiff traded shares in the instant stock account via D. On March 7, 2012, the Plaintiff incurred a loss of KRW 20,879,093 ( KRW 14,287,900 - 123,408,807) as the balance of stock assessment at the time of March 7, 2012.
다. 원고는 2012. 3. 9. 위 지점에서 D의 권유에 따라 추가로 선물옵션 계좌(졔좌번호 : E, 이하 ‘이 사건 선물옵션계좌’라 한다)를 개설하여 15,000,000원을 입금하고, 이 사건 주식 계좌에서 대용매도 입금하는 등 합계 60,787,681원을 입금하였다. 라.
D From March 9, 2012, at the instant stock and futures option account, D traded shares, futures, options, etc., and upon the Plaintiff’s request, issued to the Plaintiff a letter of intent to preserve the principal (175,000,000) on May 22, 2012 upon the Plaintiff’s request. On March 26, 2013, a notary public issued a notarial deed of debt payment contract for KRW 175,00,000 as the said notarial deed No. 831 on March 26, 2013.
E. From March 9, 2012 to December 30, 2013, D traded shares, futures, options, and losses of KRW 16,86,243 ( KRW 123,408,807 in the instant stock account - KRW 105,527,235 in the final balance - KRW 1,015,329 in the instant futures option account) from March 9, 2012 to December 30, 2013, each of the losses of KRW 60,786,252 in the instant futures option account (the input amount 60,787,681 in the final balance - KRW 1,429 in the final balance) were incurred.
F. As to each of the above losses, the Plaintiff received KRW 26,80,000 from D from December 31, 2013 to May 22, 2014, and received dividends of KRW 4,433,508 as the collection amount on October 28, 2014.
【Legal basis for recognition】