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(영문) 서울남부지방법원 2016.11.02 2015가단63798
미수금
Text

1. The Defendant: KRW 26,376,910 for the Plaintiff and KRW 6% per annum from September 11, 2015 to November 18, 2015.

Reasons

I. Progress of the case

1. The Plaintiff, a securities company, entered into an agreement on business partnership with the Industrial Bank of Korea (IBK) on the opening of online securities account.

[A] 4 to 6] - Accordingly, the Industrial Bank of Korea shall act on behalf of the customer who intends to use the Plaintiff’s securities transaction service. On the other hand, the Industrial Bank of Korea shall classify such a securities account as “securities deposit account (securities deposit account managed by the bank) in the form of bank deposit deposit (securities deposit account) so that the customer may use securities transaction using the deposit amount (securities deposit amount for stock and other securities transaction) deposited in the securities-linked account opened in the Industrial Bank of Korea as a deposit amount for securities transaction.”

[See [See the legal brief dated April 4, 2016]. Various services are provided. One of such services deals with the affairs in which the customer enters the amount of money used for securities transaction out of the amount held in the securities-linked account into the electronic balance of the securities account.

On the other hand, Article 13 of the Business Partnership Agreement provides for the following:

(A) On April 6, 2015, the Defendant opened and used the Bank's Bank of Korea's Bank of Korea's loan account (Account Number B: hereinafter "the loan account of this case") with a limit of KRW 120 million,000,000,000,000 to the Bank, and opened the Plaintiff Company's securities account (the account number C; hereinafter "the loan account of this case") upon submitting an application for use of the IBK loan service to the Bank on April 6, 2015 for stock transaction.

[A] 1, A, or 1] - The form of stock transaction requested by the Defendant at the time is to apply for stock transaction within the scope of the available balance of the loan passbook of this case, which is the Defendant’s linked account (i.e., 100% transaction terms), and to borrow the stock purchase fund from a securities company, etc.

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