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(영문) 서울서부지방법원 2013.09.13 2013가합2597
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. Basic facts

A. On January 11, 2010, the Plaintiff opened a comprehensive account linked to a beneficiary certificate account with Puden Social Investment Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on or around June 2010, the Plaintiff acquired (a merger at around 2012 after 2012) Fuden Social Investment Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and opened a consignment account linked to the said comprehensive account (hereinafter “Plaintiff’s account”), and the Defendant B is a person in charge of the Plaintiff’s stock transaction while working for Punn Social Investment Securities Co., Ltd. and the Defendant Co., Ltd. and the Defendant Co., Ltd...

B. From August 18, 2010 to April 1, 2011, the Plaintiff deposited a total of KRW 250 million in the Plaintiff’s account as follows.

Amount (won) 2010-08-18 10,000,000 2010-08-18 140,000,000 2010-10-108-18,000 2010-10-6 40,000-10-10-07 20,000,000 20,000 20-12-14,000 20-12-14,000 20 201-00 20,000

C. From August 27, 2010 to January 18, 2013, Defendant B traded the said shares with the said money (hereinafter “instant shares transaction”); as of March 12, 2013, Defendant B remains 104,751,019 won (=cash 104,247,122 won) in the Plaintiff’s account as of March 12, 2013.

On the other hand, after August 201, the Plaintiff was notified of the details of transactions by joining the Defendant Company’s “Aluri Service” and informing the conclusion of the contract in writing at the time of concluding the stock transaction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3, 4, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff opened an account for fund investment (which appears to mean a comprehensive account connected with beneficiary certificates) and deposited money. Defendant B traded the instant shares without the Plaintiff’s individual order or consent.

⑴ 이 사건 주식거래는 ㈎ 펀드 투자를 위한 계좌개설계약의 목적에 반하고, ㈏ 원고의 개별적인...

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