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(영문) 서울남부지방법원 2015.04.03 2014가합8975
손해배상(기)
Text

1. The defendant

A. The Plaintiff A’s KRW 44,315,483 as well as the annual rate of KRW 5% from August 20, 2011 to April 3, 2015.

Reasons

1. Basic facts

A. Under the Financial Investment Services and Capital Markets Act, the Nonghyup Securities Co., Ltd., the parties to the instant lawsuit, as a financial investment business entity that runs an investment trading business, an investment brokerage business, an investment advisory business, or a discretionary investment business, was merged with the Defendant on December 31, 2014 during the instant lawsuit.

(hereinafter referred to as the "Defendant" also refers to the "Defendant", which is a company prior to the merger.

1) Plaintiff A is the wife of Plaintiff A, and Plaintiff B is the wife of Plaintiff D, and Plaintiff C is the wife of Plaintiff C, and Plaintiff C is the wife of D. 2) The F, who served as the director of the Defendant’s E Center, introduced the investment trust goods operated by G Co., Ltd. (hereinafter “G”) to D, known from the beginning of early 2011, to D, who was aware of the past police officer of the G Co., Ltd.

At this time, F made an overall explanation of the type of contract, the agreed period, the agreed amount, the method of settlement of profits, the fees, Bosss-Cut and Bos (in the event that the market price is reduced at a certain rate below the purchase price price, referring to the simplification of orders in the event that the market price is lower than the purchase price) with respect to the above goods.

3) On April 26, 201, D entered into a discretionary investment contract with G to entrust management of KRW 400,000,000 for contractual assets, and paid KRW 400,000 for investment to G in cash. 4) as a result of D’s impact, Plaintiff A entered into a discretionary investment contract with G to entrust management of KRW 400,000 for contractual assets between G and May 13, 201, and Plaintiff C and B entered into a collective investment contract with G to entrust management of KRW 300,000 for contractual assets, respectively, on May 21, 2011.

(referring to the “instant financial investment instrument” in which the Plaintiffs subscribed under each discretionary investment contract. The main contents of the Plaintiffs’ discretionary investment contract are as follows.

Article 2 (Subject Matter of Discretionary Investment) G provides the Plaintiffs with discretionary investment services.

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