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(영문) 부산고등법원(창원) 2019.09.19 2019나10357
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of investment trading business, investment brokerage business, collective investment business, investment advisory business, discretionary investment business, trust business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

W W around June 1999, X Co., Ltd. (hereinafter referred to as “Y”) Y Co., Ltd. (hereinafter referred to as “Y”) through a change in mission several times thereafter.

(3) On March 7, 2016, the Defendant’s vice-branch office had been working as a contracting vice-subsidiary from March 7, 2016. The Defendant’s vice-branch office had been in charge of overall affairs, such as investment consultation and management of financial instruments, such as stocks, bonds, derivatives, funds.

B. At the end of May 2014, W was under pressured on voluntary retirement in Y, and started to attract investments with promising high profits. After being employed as a contracting deputy head at the Defendant’s vice-dong branch, W was false to the Plaintiffs, “I himself, as a fund manager managing only VIP customers at the Defendant’s vice-dong branch, mainly manage the funds of high-amount investors. Since ordinary investors are difficult to make profits, I must participate in the large-amount investors group that the Defendant manages. Since it is impossible for them to participate in the small-amount investors group, many people should participate in money, and make a high-amount transfer to Z or AA bank account, and make it possible to guarantee the principal during the operation period of 30 days or longer, and obtain the confirmation of 5 to 40% profits.”

However, among the financial products operated by the defendant, there was no possibility that principal can be guaranteed and confirmed profit.

C. The Plaintiffs, in attached Form 2, remitted each of the money indicated in the “Total Amount of Investment” column in the Plaintiffs’ Schedule to the bank account in the name of the Z or AA that was designated by W with the belief of the horses of the above W. The remaining Plaintiffs, except the Plaintiffs E, F, and H, fall under each of the above Schedule, and the “Resumpt (D)” in the said Schedule.

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