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1. The Defendant’s KRW 142,766,415 as well as 5% per annum from August 12, 2011 to August 28, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a financial investment business entity that engages in investment trading business, investment brokerage business, investment advisory business, and discretionary investment business based on the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).
B. Around May 201, B, an employee of the Defendant’s branch, introduced the investment-oriented goods operated by D Co., Ltd. (hereinafter “D”) when C visits a branch that was delegated with the Plaintiff’s asset management authority by the Plaintiff, and explained the method of operating the pertinent goods, the method of managing investment risks, etc. through the discretionary investment contract proposal prepared by D.
In this process, B automatically ends up 5% or more of the principal (in the case of investments in Loss-Cut and financial investment instruments, the market price is lower than the purchase price unit price, referring to the simplification of sales orders when the market price falls below a certain percentage), and it is intended to arrange for D E representative director and F of the operating station to take a direct explanation in D office.
C. Accordingly, on June 1, 201, C concluded a discretionary investment contract with D (hereinafter “instant discretionary investment contract”) under the Plaintiff’s name, and paid KRW 500,000,000 as investment to D on the following day.
Of the contents of the instant discretionary investment contract, the issues of the instant case are as follows.
Article 2 (Subject Matter of Discretionary Investment) In providing the Plaintiff with discretionary investment services, the subject matter of discretionary investment shall be any of the following:
1. KOSPI200 futures and options listed on the Korea Exchange;
2. Other financial investment instruments that the Plaintiff and D have consulted in advance (with respect to the management of contractual assets and the ownership of profits and losses) are subject to D’s judgment.