손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (Opening of this case’s account) On January 13, 2014, the Plaintiff opened an overseas derivatives trading account (Account Number: B; hereinafter “instant account”) of the Defendant Company for overseas derivatives trading at the Maritime Shipping Center of the Defendant Company.
B. (Terms and Conditions of this case and Statement of Transactions) The main contents of the terms and conditions for establishing an overseas derivatives market general account (hereinafter “instant terms and conditions”) of the Defendant Company, which applies to the transaction of overseas derivatives via the instant account, are as shown in the attached Form 1 and the Notice of Risk of Overseas Derivatives and the Statement of Transactions (hereinafter “the instant transaction statement”).
C. (Holding Original Options and Natural Gas Options) The Plaintiff, at the time of January 24, 2014, held a call option 97.5-5 (i.e., a contract granting another person the right to live in 97.5-month goods based on an underlying asset in the instant account (i.e., a contract granting another person the right to live in 97.5-month goods; hereinafter “original option”) and a call option 12 (i.e. a contract granting another person the right to live in 4.4-month goods based on an underlying asset in natural gas futures for two months (hereinafter “natural gas option”).
(Compulsory Liquidation System according to the instant transaction manual) provides that when the risk assessment amount of deposited assets and the risks therefrom in trading overseas derivatives reach 50% in real-time, it shall be notified as mobile phone text messages of customers registered with the Defendant company if the risk reaches 80%, and when the risk reaches 80% of the risk, it shall be subject to compulsory liquidation for derivatives held by the account.
The formula for assessing risk shall be as follows:
The actual risk assessment = [1 - (Deposit Asset Assessment Amount / Consignment Deposit)] X 100% risk assessment is aimed at assessing the risk of current deposited assets in comparison with the entrustment guarantee deposit.