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(영문) 광주고등법원 2017.09.08 2016나16435
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 17, 2008, the Plaintiff opened an account (Account Number C, hereinafter “instant account”) for stock trading at the Defendant’s Mine Co., Ltd’s point of view, and is a program for personal investors to be the weak in HTS HTS HWme C to verify the details of the account and conduct financial investment transactions, such as stocks and derivatives at the home or office.

The balance and details of the service application are to be received by mail.

B. Since then, the Defendant’s employees D were responsible for the management of the instant account, and on April 16, 2014, B was designated as the management staff of the instant account.

C. On May 20, 2014, the Plaintiff decided to repurchase the Plaintiff’s existing financial instruments after consultation with B. The redemption price was deposited into the instant account and the balance of the instant account as of May 26, 2014 was KRW 280,360,745, plus KRW 51,000,000.

B made a stock transaction through the instant account from May 28, 2014, and on August 27, 2014, the Plaintiff drafted a letter of “I swear that I will compensate the Plaintiff for the total amount of principal (280 million won) if I would not compensate for any loss of principal (280 million won) by December 31, 2014, as I arbitrarily sold shares without the Plaintiff’s permission, which is a customer,” (hereinafter “each letter of this case”).

E. Afterwards, B continued a stock transaction through the instant account, but losses were further increased. As of January 5, 2015, the balance of the instant account as of January 5, 2015, is KRW 12,778,981, and the final balance of the instant account as of March 16, 2015, is KRW 12,796,090.

F. B The details of stock trade traded through the instant account from May 28, 2014 to January 5, 2015 are as listed in attached Table 1, and fees for the same period, the rate of turnover, etc. are as listed in attached Table 2.

[Grounds for Recognition] contain facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, 2, 4, 11, below.

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