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(영문) 의정부지방법원고양지원 2017.09.06 2016가단7237
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from June 30, 2015 to September 6, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s solicitation for investment and the Plaintiff’s conclusion of a discretionary investment contract between the Plaintiff and C, as an insurance solicitor, solicited the Plaintiff to invest in futures investment products managed by the Defendant, a stock company (hereinafter “C”) that recommended the Plaintiff to purchase insurance products, etc., and on June 30, 2015, the term of the contract between the Defendant and C is the same year, setting the Defendant as a full-time investment manager and setting the contract period

6. From 30. to the same year.

9. A discretionary investment contract (hereinafter “instant discretionary investment contract”) signed by the end of 30.3, and the same year as the date on which the pertinent contract was concluded in accordance with the instant discretionary investment contract.

6. 30. C paid 100 million won of the investment amount to C

(hereinafter referred to as the “instant investment” and the said investment amount of KRW 100 million (hereinafter referred to as the “instant investment”). B.

Article 1 (Purpose) “B” (referring to C; hereinafter the same shall apply) of the content of the instant discretionary investment contract provides investment advisory services for the contractual assets A (referring to the Plaintiff; hereinafter the same shall apply) and the Plaintiff pays investment advisory fees for C services.

Article 2 (Financial Investment Instruments subject to Investment) In managing the Plaintiff’s discretionary investment assets, the subject-matter of investment shall be financial investment instruments falling under any of the following subparagraphs:

1. Stocks listed on the securities market and KOSDAQ market;

2. Securities provided for in Articles 4 and 5 of the Financial Investment Services and Capital Markets Act;

3. The scope of the discretionary investment services provided to the Plaintiff by Article 3 (Scope of Discretionary Investment Services) Article C of the Securities (Scope of Discretionary Investment Services) agreed upon by the Plaintiff and C shall be the type, issue, quantity, price, classification and method of trading of the assets subject to the discretionary investment, the judgment on investment in the market price, etc. and the management

Provided, That matters other than those shall be determined by mutual agreement between the plaintiff and C within the scope of discretionary investment business under the Financial Investment Services and Capital Markets Act.

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