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(영문) 서울중앙지방법원 2014.05.29 2013가합66183
손해배상(기)
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "No.m. amount" column of "the statement of damages by plaintiff" as shown in attached Table 1.

Reasons

1. Basic facts

A. The plaintiff C, D, and E are the omission of each plaintiff A, the husband and the husband and the husband of the Sinarian.

B. From July 20, 2007 to January 10, 2008, Plaintiff A invested in a stock-type investment trust product that the Defendant sells directly or on behalf of the rest of the Plaintiffs (hereinafter “each of the instant funds”) as indicated in attached Table 1, upon the Defendant’s recommendation from the Defendant’s F Branch G employees of F Branches from July 2007 to January 10, 2008, and subsequently, incurred losses.

Each of the above funds has a very high-level investment risk as a product of class 5 of investment risk class 1 and class 2.

[Ground of recognition] The fact that there is no dispute, Eul's statement of No. 1, and the purport of whole pleading

2. The parties' assertion

A. The plaintiffs' employees G did not properly explain the risks to the plaintiffs, although each of the funds in this case is a product with a very high-level investment risk of 1 and 2 investment risk, and did not issue an investment prospectus under the Act on Business of Operating Indirect Investment and Assets.

(2) The purpose of this study is to increase investment risk by obtaining existing beneficiary certificates or funds as collateral loans and to make investments in the fund, and to make collective investments in class 1 and 2 high-risk products without decentralization investments.

(3) Even though the Plaintiffs were aware of the principal loss and requested redemption, they met.

Therefore, the Defendant, as a user of G, is liable for damages incurred to the Plaintiffs by violating the duty to protect investors as above.

(b) claim 60 per cent of the amount of damage.

The defendant's assertion that the plaintiff A was aware of the risk of fund products while investing in various kinds of funds since 2006, as a vice president managing the funds, etc. of the above hospital as the head of the "H hospital" located in the north-gu in Ulsan-si, Ulsan-si and managing the funds, etc. of the above hospital, and the defendant also knew of the risk of fund products.

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