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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.05.31 2018나2061162
손해배상(기)
Text

1. The plaintiff's primary claim added by this court after the remand and the plaintiff's additional claim added by this court before the remand.

Reasons

1. Basic facts

A. On March 20, 2003, the Plaintiff, a public-service corporation established pursuant to the Act on the Establishment and Operation of Public-Service Corporations (hereinafter “Public-Service Corporations Act”) for the purpose of the scholarship project, deemed KRW 500 million as an endowment (hereinafter “basic property of this case”).

B. The Defendant Company (hereinafter “Defendant Company”) is a stock company with the purpose of investment brokerage business, discretionary investment business, etc., and F was the head of the PB team from December 2002 to October 2005, and the head of the branch office from November 2005 to May 2009.

C. On May 28, 2003, the Plaintiff opened an entrusted transaction account (Account Number: Account Number C, D, hereinafter “instant entrusted transaction account”) with the Defendant Company on the statement that “the Plaintiff would guarantee the principal and at least seven percent yield” from F, and then withdrawn KRW 500 million, which is the Plaintiff’s fundamental property, and remitted to the entrusted transaction account.

In addition, around that time, the Plaintiff concluded a discretionary investment contract (hereinafter “instant discretionary investment contract”) with the Defendant Company that comprehensively executes the right to invest the money in the instant consignment transaction account in financial investment instruments, etc.

In March 6, 2008, when Defendant F continued to make an investment in financial investment instruments, such as repurchase agreement bonds and funds, in accordance with the instant discretionary investment contract, and paid proceeds therefrom to the Plaintiff, on March 6, 2008, Defendant F Company F, an investment trust, an investment trust established pursuant to Article 2 of the Addenda to the former Indirect Investment Asset Management Business Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced on February 4, 2009; hereinafter referred to as the “former Indirect Investment Business Act”), established by the J Company under the former Indirect Investment Asset Management Business Act (amended by the Act No. 8635 of Feb. 4, 2009).

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