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| TITLE | Supreme Court Decision 2015Da69853 Decided September 28, 2018 【Damages】 [full Text] |
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| Summary | |
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[1] Legislative intent of Article 178(1)2 of the Financial Investment Services and Capital Markets Act and standard of determining whether a certain act constitutes unfair trading, which is prohibited under Article 178 of the Act [2] Contents of the obligation to protect investors borne by a collective investment business entity that established an investment trust and standard of determining specifically how to manage the collective investment property [3] Meaning of “an act of providing a decisive judgment on an uncertain matter, or information that is likely to mislead, causing an uncertain matter to be believed to be certain” as prohibited under Article 49(2) of the Financial Investment Services and Capital Markets Act and standard of determining whether a certain act constitutes an act of providing a decisive judgment, etc. [4] Contents of the duty to explain borne by a financial investment business entity when it engages in a solicitation of general investors and standard of determining a degree of explanation required to provide for customers [5] Time at which the liability for tort damages is established in a case where there is an interval of time between the commission of an illegal act and the occurrence of damage therefrom (held: time at which damage occurs) Meaning of “damage” and “time at which damage occurs,” and method of determining whether damage has actually occurred [6] In a case where a financial investment business entity acts in violation of the duty to explain or the prohibition on undue recommendation, the amount of damages (held: the amount estimated by subtracting the total amount of money recovered or recoverable from the financial instrument from the total amount of money paid to acquire that particular financial instrument) Initial date from which damages accruing from delay arising from the claim for damages is reckoned (held: time at which the incurrence of the unrecovered amount is determined) In a case where the incurrence of the unrecovered amount was already objectively determined at the time of payment of the money to acquire a financial instrument, whether the time at which the payment was made becomes the initial date from which damages accruing from delay arising from the claim for damages is reckoned (affirmative) |
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