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1.The judgment of the first instance shall be modified as follows:
Samsung T&T Co., Ltd. is the Plaintiff.
Reasons
1. Basic facts
A. On July 2, 1999, the Plaintiff opened an account (Account Number C) for securities consignment sale with Defendant Substitute Securities Co., Ltd. (hereinafter “Defendant Co., Ltd”).
B. Defendant B, an employee of the Defendant Company, managed the Plaintiff’s account from around 2004 to 2012, and was in charge of the Plaintiff’s securities consignment sales.
C. Around April 9, 2012, Defendant Company received an objection from a customer in charge of Defendant B to the effect that the details of transactions are different from the fact, and conducted an audit on Defendant B from April 11, 2012 to April 20, 2012.
As a result of the above audit, the Defendant Company issued a false certificate of balance to the customer in charge of Defendant B’s account, and discovered that it committed an act, such as embezzlement of investment funds.
The defendant company also revealed that the defendant B made a voluntary sale from multiple accounts.
The phrase “report on the results of audit and a written opinion on processing (Evidence A 4-5)” prepared through the audit mentioned above stating that “Defendant B has no transaction details made from the Plaintiff’s account from March 7, 2008 to April 13, 2011 from the Plaintiff’s account, and the civil petition investigation report (Evidence A-2) was voluntarily made from April 13, 2012, and “2011” appears to be a clerical error of “2,256,71,890 won” in light of the time of audit, etc.
E. Before filing the instant lawsuit, the Plaintiff was above D.
Based on the result of the audit referred to in paragraph (1), the defendant company filed a civil petition seeking damages with the defendant company, and received a written “civil petition investigation report (Evidence A2)” from the employee of the defendant company in charge, and the contents thereof are as follows and the civil petition investigation report.
1. Civil petitioner: A (C);
2. The amount stated in the balance sheet ( April 9, 2012) required by a civil petitioner is KRW 6,72 million converted on April 14, 2012.