logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.23 2017나48453
구상금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 1, 200, the Plaintiff entered into a contract for fidelity guarantee insurance (hereinafter “instant insurance contract”) with Hyundai Securities Co., Ltd. (hereinafter “Modern Securities Co., Ltd.”), the insured, the surety, the Defendant, the insurance coverage amounting to 60,000,000 won, and the Defendant’s tort (thief, robbery, fraud, embezzlement, embezzlement, breach of trust) or business during the Defendant’s work as an employee from April 1, 200 to March 31, 202, which covers the Defendant’s loss or damage due to his/her gross negligence or good manager.

B. 1) In the event that a continuous loss was incurred to C while handling shares after being entrusted by C which opened an account for consignment with the purchase and sale of shares in modern securities, the Defendant collected opinions from C on July 14, 2001, and opened a gift and option account in the name of C with C on the same day under the consent of C on July 14, 2001, and traded gift and option at KRW 20,000,000, which was deposited in the said account on the same day. (2) However, after being charged with 17,600 shares of the Seoul Securities issued on July 14, 201, the Defendant was designated as a substitute bond on July 16, 2001, and the pledge was established at the same time as a substitute bond.

After that, between September 4, 2001 and September 17, 2001, SBS shares were sold on September 14, 2001.

3. On December 24, 2001, C deposited KRW 175,00 from the above consignment account, and around January 2002, C deposited modern securities with the purport that “The Defendant arbitrarily designated and sold the stocks and SBS stocks as substitute securities without obtaining his/her permission, thereby incurring damages equivalent to KRW 192,36,50,00 in the value of the stocks, and thus, the Defendant’s Hyundai Securities as the employer is liable for such damages.”

arrow