채무부존재확인
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 5,107,291 as well as the full payment from May 29, 2017.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Defendant is a company running an investment trading business, an investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiff is an ordinary investor who traded overseas derivatives through HTS (a system under which an individual investor can do stock transactions using a computer installed in a house or office without going through a customer pool or telephone) through one bank on July 18, 2013.
(b) A futures option transaction is conducted through a customer’s futures option account when the customer delivers to a securities company an order for trading futures options that the securities company wishes, as ordered by the customer, in the manner that the securities company carries out trading orders for futures options as ordered by the customer to the Korea Exchange and the sales contract is concluded.
C. In order to carry out the above futures option transaction, deposit money shall be deposited with a securities company. Of the Defendant’s terms and conditions of establishing an overseas derivatives general account (hereinafter “instant terms and conditions”) applicable to the transaction of overseas derivatives through the Plaintiff’s account, the summary of the provisions on good faith deposit, settlement amount, and opposing trading to secure such payment is attached thereto.
1. The description;
The Plaintiff, at the time of June 24, 2016, held 6 JU16 No. 8 contracts via the instant account, which was the day before that date.
6. 23. The appraised value of the reference asset was KRW 53,821,380 and KRW 27,459,432 for good faith deposit money.
However
6. From the beginning of 24.2, the result of the European Union withdrawal voting (Brexit) from the UK was predicted, and the global financial market was rapidly changing, and the Plaintiff’s risk was above 50% and above 70% at around 11:43:03, and the Plaintiff’s risk was rapidly increased to 11:43:33, which later 30 seconds.
Accordingly, the defendant company exceeds 11:43:03's risk rate of 70% above and 80% above the plaintiff.