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(영문) 서울남부지방법원 2013.05.10 2011가합16883 (1)

손해배상 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 66,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 15, 201 to May 10, 2013.

Reasons

1. Basic facts

A. On December 31, 2002, the Plaintiff, who was working as the Defendant’s securities business office, opened a derivatives account and consignment account in the name of C on December 31, 2002. On September 2006, the Plaintiff traded 200 futures and options through the Home Trading System (hereinafter “HTS”) operated by the Defendant through each of the said accounts in the name of C (hereinafter “instant account”).

(b) A futures option transaction and a consignment guarantee transaction are: (i) when an investor delivers to a securities company a futures option trading order that the investor wants, a securities company shall execute the futures option trading order as ordered by an investor to the Korea Exchange; and (ii) when a sales contract is concluded, a customer’s futures option account will be settled through an investor’s futures option transaction. The consignment guarantee money is the amount that the investor shall deposit with the securities company in order to guarantee the fulfillment of the settlement.

According to the terms and conditions of the Defendant’s derivatives account creation, if an investor intends to entrust his/her transaction to the Defendant, he/she shall deposit a good faith deposit set by the Defendant (Article 7(1)), and if the good faith deposit amount is less than the standard amount as a result of settlement based on the end of regular transaction hours, the Defendant shall notify the investor that he/she should deposit an additional good faith deposit with the investor without delay, and the investor shall make an additional deposit (including where the amount of good faith deposit is satisfied due to sale or purchase, etc. to extinguish an agreement for settlement) by

(Article 9). If an investor fails to deposit an additional consignment guarantee money, the defendant shall refuse to entrust the investor with a new transaction (Article 5(1)2) and shall sell or terminate an unregistered contract.