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(영문) 서울남부지방법원 2020.09.04 2019가합114004
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The party status 1) Defendant C is the Defendant Company B (hereinafter “Defendant Bank”).

) The E Center (hereinafter referred to as the “instant branch”).

(2) The Plaintiff is an ordinary investor who trades financial investment instruments mainly through Defendant Bank since 2012, and is an employee in charge of the provision of asset management services to bank customers. Defendant D is the head of the branch office of this case.

B. The Defendant bank classified the risks of financial investment instruments into Grade 1 (high-quality risks), Grade 2 (high-level risks), Grade 3 (high-level risks), Grade 4 (high-level risks), Grade 5 (low-level risks) and Grade 6 (low-level risks). The Defendant bank has internal guidelines to set investment recommendations and investment (contestable risks) risks based on investors’ investment inclinations.

In the case of class 1 (high risk) or class 2 (high risk) product under the internal guidelines of the Defendant Bank, an investment may be recommended to be made only to "mutual investment type".

C. 1) Trades between the Plaintiff and Defendant Bank’s financial investment instruments are ESS (Equi-Lind Securities), ES (Equi-Lind Securities), ES (Equi-Lind Securities), stock-linked Securities are linked to the price of individual stocks or stock price index, and investment returns are determined.

Since 2012, the Plaintiff has invested mainly in the index type ES product through the Defendant bank.

In the case of the ESS products invested by the Plaintiff, it is classified as a 'high class 2 risk' financial investment product in the defendant's internal guidelines.

2) On August 14, 2017, between the Plaintiff and the Defendant bank, the derivatives-combined securities are goods that are determined for investment returns by linking DSSS (DS) with various underlying asset prices, such as stocks, interest rates, exchange rates, gold, raw milk, raw materials, weather, etc.

The Plaintiff, on August 14, 2017, is the Defendant Bank and the Defendant.

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