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(영문) 대구지방법원서부지원 2016.11.10 2014가단36249
채무부존재확인
Text

1. The Plaintiff’s shares, futures, options, etc. through an account (Account Number: D and E) opened with C Co., Ltd. against the Defendant.

Reasons

1. Basic facts

A. On June 21, 2011, the Defendant opened a share account (Account Number: E; hereinafter “instant share account”) at the Daegu Branch Co., Ltd.’s Daegu Branch, and received shares (the closing price on the preceding day is equivalent to KRW 144,287,90) held by the Defendant in Samsung Securities Co., Ltd., and requested the Plaintiff to manage the said account to the head of the branch office.

B. From June 21, 2011 to March 7, 2012, the Defendant traded shares in the instant stock account through the Plaintiff. On March 7, 2012, the Defendant incurred a loss of KRW 20,879,093 ( KRW 144,287,900 - 123,408,807) as the balance of stock assessment as of March 7, 2012.

다. 피고는 2012. 3. 9. 위 지점에서 원고의 권유에 따라 추가로 선물옵션 계좌(졔좌번호 : D, 이하 ‘이 사건 선물옵션계좌’라 한다)를 개설하여 15,000,000원을 입금하고, 이 사건 주식 계좌에서 대용매도 입금하는 등 합계 60,787,681원을 입금하였다. 라.

From March 9, 2012, the Plaintiff traded shares, futures, options, etc. at the instant stock account and futures option account, and, upon the Defendant’s request, prepared a letter of intent to preserve the principal (175,000,000) on May 22, 2012, and issued it to the Defendant. On March 26, 2013, a notary public issued a notarial deed of debt payment contract for KRW 175,00,000 to the said KRW 831,00 as a law-abiding deed as of March 26, 2013.

E. From March 9, 2012 to December 30, 2013, the Plaintiff traded the instant shares and futures option account, thereby causing losses to KRW 16,86,243 in the instant stock account ( KRW 123,408,807 - KRW 105,527,235 - final balance - KRW 1,015,329) from the instant futures option account, and KRW 60,786,252 (the input amount 60,787,681 - the final balance 1,429) from the instant futures option account.

F. As to each of the above losses, the Defendant received KRW 26,80,000 from the Plaintiff from December 31, 2013 to May 22, 2014, and KRW 4,433,508 as the collection amount on October 28, 2014.

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