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(영문) 서울남부지방법원 2019.04.12 2018가합103861
손해배상(기)
Text

1. Defendant C’s KRW 147,581,347 as well as 5% per annum from August 7, 2017 to April 12, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in investment trading business, investment advisory business, etc. under the Capital Markets Act and the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiff (D) is a person who trades stocks, etc. through a financial product account established in the Defendant Company. Defendant C is a person who manages the Plaintiff’s financial product account while working as the Vice-Chairperson of the Defendant Company and takes charge of investment consultation.

B. On November 15, 2010, the Plaintiff opened a financial product account (Account Number E; hereinafter “instant account”) with the Defendant Company and deposited KRW 500,00,00,00 on the same day, and deposited KRW 1,079,627,921 on April 22, 2011, and deposited KRW 1,079,627,921 on April 22, 201, and deposited KRW 1,079,627,921 to the FF Co., Ltd. (hereinafter “F”), and on October 31, 2012, the balance (total appraised amount) of the instant account was KRW 724,729,512 as of October 31, 2012, thereby causing loss equivalent to KRW 354,898,409.

(2) On October 31, 2012, the Plaintiff entrusted the instant account to Defendant C on May 31, 2015 (if the balance is less than KRW 800 million, once for six months, and on October 31, 2015, when the last maturity is extended, the last maturity is extended), and if the balance of the instant account does not reach KRW 800,000,000,000, the Plaintiff agreed to compensate for the difference (hereinafter “instant agreement”), and the Defendant C was working for the operation of the instant account to Defendant C.

C. As a result of the management of the instant account, Defendant C even agreed to reach KRW 856,807,024 on April 4, 2013, when managing the instant account upon consignment, the balance of the said account was reduced to KRW 445,97,136 on October 31, 2015, and Defendant C’s last management of the said account was KRW 429,56,817 on July 31, 2016, and KRW 285,972,840 on August 7, 2017.

[Ground of recognition] Unsatisfy, A No. 1.

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