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(영문) 서울남부지방법원 2015.09.11 2014가합107834
손해배상(기)
Text

1. The Defendant’s KRW 312,966,00 for the Plaintiff and KRW 5% per annum from January 31, 2015 to September 11, 2015.

Reasons

1. Basic facts

A. The Defendant Company is a company that engages in investment trading business, investment brokerage business, collective investment business, investment advisory business, discretionary investment business, trust business, etc., and B is a person who served as the head of the Defendant Company CPB team from December 2, 2002 to October 2005 and worked as the head of the Defendant Company C branch office from November 2005 to September 2009.

B. B solicited the Plaintiff to be an investment to the effect that a stable profit can be guaranteed upon the Plaintiff’s failure to make an investment. At this time, B concluded that the Plaintiff would operate a stable product similar to a fixed deposit at the time of the Plaintiff’s failure to make an investment, and that the amount equivalent to 3-4% of the fixed interest rate as well as the principal and non-taxation.

C. On December 1, 2003, the Plaintiff opened an account under the name of ChokaD and comprehensively delegated the authority to use funds in the said account to invest. On January 26, 2005, the Plaintiff comprehensively delegated the authority to use funds in the said account to invest in B after opening an account under the name of himself and ASEAN, respectively.

(Plaintiffs obtained permission respectively from D and E in performing the above acts). D.

B managed funds deposited in the accounts in the names of plaintiffs, D, and E in the manner of investing in repurchase agreement bonds, funds, etc. as stated in the Plaintiff, and paid certain profits to the above funds until early 2009.

E. B invested KRW 403,920,00 among the funds in the Plaintiff’s account on January 30, 2009, KRW 340,800,000 among the funds in the Plaintiff’s account, and KRW 298,50,000 among the funds in the Plaintiff’s account, and KRW 1,043,220,000 among the funds in the name of D’s account, in the Fund “DW Financial Private Equity Funds No. 2” (hereinafter “the Fund”).

F. The Fund is a fund that purchased and manages loans extended by the new bank to a special purpose corporation participating as a financial investor in treatment and construction acceptance of the Bank from the Bank.

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