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(영문) 서울남부지방법원 2017.07.07 2016가단8866
손해배상
Text

1. The Defendants jointly share the Plaintiff’s KRW 6,89,967, and KRW 6,899,967 to Plaintiff B, and each of them on November 12, 2015.

Reasons

1. Basic facts

A. Defendant Substitute Securities Co., Ltd. (hereinafter “Defendant Substitute Securities”) 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. On May 9, 2014, Plaintiff A visited the U.S. branch of the U.S. Securities (hereinafter “ES”) to explain and recommend to make an investment to the “Investment Instruments No. 435” (hereinafter “ES 435”) by Defendant C, who is an employee, the Plaintiff entered into a contract to invest KRW 30,000,000,000 for the ESS 435 (ES 435) with a maturity of one year and six months, on which the Defendant’s Securities are sold.

Plaintiff

B was the husband of the Plaintiff, and at the time of the contract, the Plaintiff A represented the Plaintiff B.

C. The instant ES 435 product is a derivative-combined product that is linked with profits by the fluctuation ratio of underlying assets based on the KOSPI 200 index and NPE 225 index. (1) Where the assessed price of two underlying assets on the date of early redemption evaluation is below 100 - 105 - 105 - 1110 - 1110% of the initial base price, if the assessed price of two underlying assets on the date of each due redemption evaluation is below 115% of the initial base price, even if it exceeds 115% of the initial base price even on the date of due payment evaluation, if there is no difference in the difference between 115% and 140% of the initial base price, all of them are 8.8% high profits from the initial base price, while (2) one of the two underlying assets on the expiration date is 15% higher than the initial base price and 10% loss is 10% higher than the initial base price during the investment evaluation period.

In accordance with this Agreement, the Plaintiffs shall purchase and terminate the ES 435 amounting to 30,000,000 each of the goods on May 12, 2014.

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