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(영문) 서울고등법원 2017.09.15 2017나2007093
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

The reason why this court shall state this part of the recognition is set forth in the first instance court's judgment.

B. Paragraph (2) is as stated in Paragraph (1) of the judgment of the first instance, except for using it as follows. As such, Article 420 of the Civil Procedure Act is cited as it is by the main sentence of Article 420 of the same Act. Section B (2) from July 9, 2013 to January 14, 2015, as follows: (a) the actual place of investment, the scale of investment, the possibility of occurrence of profit and loss, the possibility of occurrence of loss, and the remaining amount of investment, etc., by soliciting the Plaintiff to make an investment, and thereby, received a payment of KRW 5.5 billion in total from the Plaintiff as the source of investment, the investment, and the additional amount of investment (hereinafter referred to as “the instant investment”), and when making such investment, the “the instant investment”).

(A) A) On July 2013, B recommended the Plaintiff to make an additional investment, and said B made a false statement to the effect that “I would have a limit to acquiring revenues that they want in a general way early,” “I would be able to secure early revenues if linked to the transaction of HH fund. I would be able to secure early revenues, and we would not be able to see at all because there is a structure that makes profits even after the share price falls short of. The futures and options are not absolute, and the hedge transaction is five-month unit. In addition, if I make an investment of KRW 1.3 billion under the name of 2.7 billion in the existing securities account in the name of the Party, I would make an operation of the account in the name of Samsung Securities Officer and make an investment of KRW 5 billion in the name of Samsung Securities Officer around December 20, 2013.”

However, in fact, although receiving investment money from the plaintiff, part of the investment money was used individually, and the remaining money was deposited and operated in the E/F's spot and futures option account, unlike the plaintiff's proposal, it was thought that the plaintiff was aware of the actual source of investment, the scale of investment, the return on profit and the possibility of loss.

B As such, by deceiving the Plaintiff, KRW 1.3 billion from the Plaintiff on July 9, 2013.

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