채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 49,651,364 to the Defendant (Counterclaim Plaintiff) and its related amount from June 21, 2017 to February 27, 2018.
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, and the Plaintiff is an ordinary investor who traded derivatives traded in the U.S. futures market through mobile phone (Mobleing Sym) by opening a futures option account in the Defendant Company on February 24, 2017.
(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)a good faith deposit is an amount that an investor has to deposit in a securities company to guarantee the settlement performance in futures option transaction;
According to the terms and conditions of establishing the Defendant’s general account for transactions in foreign derivatives market, if a new order is entrusted, the customer shall deposit the customer deposit amount set by the company in advance (Article 9); if the total amount of the evaluation deposit is lower than the amount of the maintenance deposit notified in advance by the company, the customer shall deposit additionally more than the amount of the deposit required prior to the time limit set by the company (Article 10); if the customer fails to pay the deposit amount or the settlement deposit amount, the company may refuse to accept the customer’s consignment transaction (Article 7(2)1); if the customer fails to comply with the customer’s demand for additional deposit or the payment of the deposit amount, even if the customer has been notified by the company of the demand for additional deposit or the payment of the deposit amount, the company shall, without the highest or prior approval of the customer, appropriate the deposit deposit amount or the settlement amount in excess of the deposit deposit amount (Article 14(1)1); and if so, the customer’s performance shall be