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(영문) 서울남부지방법원 2016.12.16 2015가합108247
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts of basic facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings set forth in Gap evidence Nos. 1, 2, 4 through 7, 9, 12, 15, 16, Eul evidence Nos. 1 through 6, 8 (including the numbers), and the whole purport of the pleadings:

Defendant New Financial Investment Business Co., Ltd. (hereinafter “Defendant New Financial Investment Business”) is a company that engages in the investment trading business and the investment brokerage business with authorization from the Financial Services Commission pursuant to Article 8(1) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiff and the deceased (hereinafter “the deceased”) were married until the Deceased died. Plaintiff D, F, C, and E are children between Plaintiff A and the Deceased. Plaintiff G is the spouse of Plaintiff E. Plaintiff H is the employee of the new financial investment business, and Defendant H is the employee of the Defendant New Financial Investment Services and Capital Markets, who traded the stocks of the securities account opened by the Plaintiff A, D, F, and G and the deceased under a stock consignment contract concluded with the Defendant and the new financial investment business.

B. On January 4, 1999, Plaintiff A opened a securities account and traded shares in the new financial investment account (as of May 10, 1999, the trade name at the time was “swind Investment Securities Co., Ltd., Ltd.,” and on August 5, 2002, the change was made to “a new financial investment company as of August 24, 2009,” respectively, and the change was made to “a new financial investment company as of August 24, 2009,” and from around 2003, Plaintiff A entered into a stock consignment contract with Defendant New Financial Investment Company with respect to the shares of the securities account (Account Number K, L, and M) of the Defendant’s new financial investment account and traded shares through Defendant H.

In addition, on April 5, 2006, the deceased, on May 15, 2007, the plaintiff D opened a securities account (Account Number N, the account numberO of the plaintiff D, the account number P, and the account number Q of the plaintiff G) with the defendant's new financial investment on March 5, 1997, and September 1, 2003.

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