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(영문) 서울고등법원 2016.12.23 2016나2004004
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff C in excess of the amount ordered below.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: ① from the 17th to the 10th 10th 17th 27th 24 of the judgment of the first instance, the part concerning (a) and (b) from the part concerning Plaintiff C, G, and N to the 10th 10th 10th 27th 39th 7th 7th 2 of the judgment of the first instance is the same as the reasoning of the judgment of the first instance, and thus, it shall be quoted as it is in accordance with the main sentence of Article

2. In light of the following circumstances, the Defendant is deemed to have violated the duty to explain by failing to explain credit risk of the issuing company, such as the credit rating of QSTB, the financial structure of Q QSTB, and the financial status of the assets, etc., in light of the facts acknowledged prior to the completion of the repair, the evidence No. 4-3, the evidence No. 7-1 through 4, and the evidence No. 231-1 as a whole.

① On August 7, 2013, Defendant B, by calls to Plaintiff C, recommended investment by explaining the maturity and interest rate of STB. On the same day, Plaintiff C entered into a specified money trust agreement with the Defendant to invest in QSTB.

BB, at the time of recommending the Plaintiff to make an investment, either mistakenly explained the STB issuing company to R, not QB, and did not explain the credit rating of QSTB or Q Q’s financial structure.

② The details of management instructions for specified money trusts prepared in the Plaintiff C’s name (Evidence A7-1) include the name and credit rating of the assets included in the details of management instructions.

However, there is no Plaintiff C’s signature or seal, following the phrase “I fully understand the content of the specified money trust contract, I confirmed that I received the description of the specified money trust product, and was aware of the customer’s attention and major confirmations prior to the conclusion of the contract.”

③ Plaintiff C.

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