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(영문) 서울중앙지방법원 2019.10.11 2018가단5188970
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff holds a consignment account in Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the Defendant C is an employee of the Defendant Company as the manager of the above consignment account.

B. The Plaintiff traded shares through the consignment account in the name of the Plaintiff and D established in the Defendant Company, but all losses incurred as follows.

(1) On December 11, 2014, the Plaintiff purchased 18,171 shares issued by E in KRW 5,485 shares via the Plaintiff’s account, but sold them to KRW 1,437 on August 2016, thereby causing losses.

(2) On December 11, 2014, the Plaintiff purchased 5,566 shares issued E in KRW 5,363 via the name bank account, but sold them to KRW 1,641 on February 2, 2016, thereby causing losses.

(3) Around May 11, 2015, the Plaintiff purchased 1,755 shares issued by FF to KRW 12,000 via the name bank account, but sold the shares to KRW 7,638 on February 2, 2016, thereby causing loss.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion: (a) Defendant C explained that there has been certain investment information and promised to compensate for losses, thereby causing losses to trust and make an investment; (b) Defendant C purchased shares, such as Co., Ltd. without the Plaintiff’s consent and did not comply with the Plaintiff’s demand for sale; and (c) Defendant C actively recommended transactions involving excessive risks to customers and caused losses by violating the obligation to protect the customer by interfering with the awareness of risks involved; (b) the total amount of losses is KRW 102,136,216; and (c) the Defendants seek damages equivalent to the amount of losses.

B. However, each of the evidence Nos. 2 and 6 through 9 is identical to the Plaintiff’s assertion.

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