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(영문) 광주지방법원순천지원 2016.11.03 2015가합1032
손해배상(기)
Text

1. The Defendants jointly share KRW 160,549,089 with respect to the Plaintiff and 5% per annum from January 5, 2015 to November 3, 2016.

Reasons

1. Basic facts

A. On October 17, 2008, the Plaintiff opened an account of stock transaction (Account Number C; hereinafter “instant account”) at the opticalyang Co., Ltd.’s (former trade name: hereinafter “Defendant Company”)’s opticalyang Co., Ltd.’s financial securities. (hereinafter “Defendant Company”).

At the time of the opening of the instant account, the Plaintiff is the weak of HTS Hymeing System and is a program through which individual investors can conduct financial investment transactions, such as stocks and derivatives, at the home or office and verify the details thereof.

It is a service that informss the details of the purchase and sale of shares of Aluria service (ACS) in mobile phone text.

On September 3, 2013, the mobile phone text notification service for the plaintiff was suspended due to the change to pay service. The applicant filed an application for B, and filed an application for receipt of balance and details of transactions by mail.

B. Around April 2014, Defendant B was designated as a management employee of the instant account as of April 16, 2014, among the employees D, who were in charge of the management of the instant account.

C. On May 20, 2014, the Plaintiff decided to repurchase existing financial instruments after consultation with Defendant B. Accordingly, Defendant B redeemed the Plaintiff’s existing financial instruments around that time.

Of the above redemption price, 280,360,745 won was transferred from the CMA account to the instant account on May 26, 2014, and the balance of the instant account was KRW 280,360,796 in addition to the existing balance 51 won.

From May 26, 2014, Defendant B prepared a written statement stating that “I will compensate for the total amount of principal (280 million won) if I were unable to compensate for any loss by December 31, 2014,” as I were subject to the charge of loss from the Plaintiff on August 27, 2014, the Plaintiff prepared a written statement stating that “I will sell and purchase shares at will without the permission of A, a customer, and cause a large amount of loss” (hereinafter “each of this case”).

E. Defendant B.

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