금융투자업자의 설명의무 위반에 대한 민법상의 계약취소 가능성에 관한 법적 연구 - 라임무역금융 펀드 사건을 중심으로 -

In the matter of legal relations between the financial investment company as the seller of beneficiary securities and the investor as the buyer thereof, the financial investment company, as a prerequisite for the principle of investor self-responsibility, holds a duty of explanation to the investor regarding the important factors concerning the realization of return and risk-hedging of an investment. The financial investment company must explain to the investor the important contents of the investment proposal. And if the core contents of the revenue structure of the investment are already false at the time of the investment contract, the invest money may be restituted by claiming the cancellation of the contract with grounds of fraud or mistake pursuant to Articles 109 and 110 of the Korean Civil Act. In the case of Lime Trade Finance Fund, the past rate of return and the target rate of return was falsely stated in the investment proposals provided by the financial invest company to the investors. The false statement of the target rate of return, together with that of the past rate of return, constitutes a ground for a cancellation claimed by reason of substantial mistake on the part of the investor concerning the realization of return. In addition, a false statement of the structure or the risk of the investment, if related to the return or hedging thereof, is also regarded as an important matter, the misrepresentation for which the investor may claim cancellation.