미수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 14, 2013, the Defendant opened the Plaintiff’s futures option account (hereinafter “instant account”) and carried out OS200 futures trading, which is the stock price index futures trading, using B (B; hereinafter “B”) operated by the Defendant.
(b) Futures and options trading; 1) Futures and options trading are the amount that an investor is required to deposit in a securities company in order to guarantee the performance of payment in futures and options trading, when an investor delivers to a securities company an order for trading futures options that the securities company wants, in the manner that the securities company executes trading orders for futures options as ordered by investors in the Korea Exchange, and when a sales contract is concluded, an investor’s futures and options account.
C. On June 12, 2013, the assessed amount of the instant account at the time of the closing of transaction was KRW 33,473,339, but the Defendant, using B on June 13, 2013, committed an error in receiving the order despite the fact that the consignment guarantee amount was more than the total deposit amount while engaging in futures trading with the instant account, and the actual order amount was insufficient.
(hereinafter “Electronics of this case”) D.
On June 13, 2013, the Defendant submitted an order for purchase of the COS 200 Futures Trading (hereinafter “instant 768 Agreement”) to the A.M. (hereinafter “instant 768 Agreement”) on June 13, 2013. Although the amount of deposit was insufficient due to the computer error of the instant case, the said agreement was concluded, and the said additional deposit was generated as KRW 11,450,880,000 as the deposit money to be additionally deposited (hereinafter “additional deposit money”).
E. On June 13, 2013, the Plaintiff traded at 766 contracts, excluding two contracts that can be ordered as good faith deposit money at the time of the instant 768 contract under the pretext of the impossibility of deposit of additional deposits and the prevention of irrecoverable investment losses. The Plaintiff traded at pos transfer, sale, or purchase, which refuses and terminates the consignment of an order for sale under the instant 768 contract with the exception of the two contracts that can be ordered as good faith deposit money.