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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. On March 28, 2011, the Plaintiff opened a new stock transaction account (C; hereinafter the “instant account”) and designated Defendant B as a manager and traded online shares by June 201.
B. From June 2012 to December 2013, Defendant B continued a share transaction using the instant account upon the Plaintiff’s request with D, the husband of the Plaintiff.
C. On August 24, 2012, the Plaintiff opened a futures trading account (E) and designated Defendant B as a manager.
On August 29, 2012, the Plaintiff registered the instant account as a futures trading account. From January 2013, a futures trading was conducted using the instant account from January 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to Eul evidence 7, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff alleged that the Plaintiff registered the instant account with Defendant B’s recommendation as a futures trading account, but did not consent to the investment in futures trading using the pertinent account at the time. Defendant B transferred the amount equivalent to KRW 100,000,000 from the share transaction account which was arbitrarily connected to the instant account from January 2013 to June 2013 to the futures account, thereby diverting the Plaintiff’s funds by arbitrarily performing futures trading.
In addition, Defendant B recommended the Plaintiff to make a futures investment without any explanation on the risk of futures trading. In light of the market situation at the time, Defendant B violated the duty of explanation, duty of care, and duty of loyalty under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) by continuing futures investment at the time when the market price is clearly expected, and Defendant B’s new financial investment company (hereinafter “Defendant Company”) is also liable for the Plaintiff’s damage caused by investment loss under Article 48(1) of the Capital Markets Act.