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(영문) 서울중앙지방법원 2016.12.02 2015가합15981

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is an investment brokerage business under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The plaintiffs are similar overseas currency futures trading with the defendant, which is a transaction between foreign currencies conducted outside the regular Exchange in accordance with the regulations of the U.S. Futures Association or the Japan’s Product Exchange Act.

FXE transactions constitute foreign exchange transactions conducted outside the country in accordance with the regulations of the U.S. Futures Association or the Japanese Product Exchange Act (Article 5 subparag. 3 and No. 4 of the Enforcement Decree of the Financial Investment Services and Capital Markets Act). Thus, derivatives traded in an overseas derivatives market under Article 5(2)2 of the Financial Investment Services and Capital Markets Act are classified as derivatives in

A contract (hereinafter referred to as the "FX M&E transaction contract") is concluded, and is a person who has made the FXE transaction through HTS (HTS) provided by the Defendant.

B. 1) If an investor in the FXM transaction structure opened an account with the Defendant, and then deposits USD 10,000 per 100,000 (100,000), which is a transaction unit, as a consignment guarantee deposit, and entrusts the transaction by determining the issue, price, quantity, etc., the Defendant’s name and the investor’s account. The Defendant is a foreign exchange intermediary member (hereinafter “FDM”).

(2) The Plaintiffs, as shown below, enter into an FXM transaction contract with the Defendant and enter into an agreement with the Defendant, and the trustor account with the Defendant. < Amended by Presidential Decree No. 20350, Dec. 21, 2008>