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(영문) 서울중앙지방법원 2011.05.13 2008가합108410 (5)

부당이득금반환 등

Text

1. The defendant C&C Co., Ltd. shall pay KRW 2,896,824,303 to the plaintiff Co., Ltd. and its related amount on October 31, 2007.

Reasons

1. Basic facts

A. The status of the parties A is a company that manufactures and sells mobile phone keyboards, cell phone servers, automobile engine points, etc. established on June 29, 1995, and Plaintiff C is a company that manufactures and sells polypropycols and sells polypropycols, which was established on July 1, 1974.

B. The basic structure of the so-called KIKO currency option contract 1) simple futures exchange contract (hereinafter referred to as KIKO currency forward transaction, first-hand transaction, and first-hand transaction): The same applies to the structure in which call options and put options are exchanged at a certain point of time in the future with specific exchange conditions. In the case of a forward exchange contract, since the exchange rate, which is the due date of time of exchange, is determined by mutual negotiations, a separate premium is not received between the parties to the transaction (the value of options, the cost of receiving options), provided that an enterprise deposits a certain percentage of deposit in a bank.

In this respect, only one party, who possesses an option with property value, is compared with the simple option transaction in which the options are paid to the options party. The structure and call option: rights to purchase underlying assets at a certain time in the future at a certain time in the future, or put option: an exclusive option, such as a right to sell underlying assets at an exchange rate at a certain time in the future, and an open option, such as a right to sell them at an exchange rate in the future: An open option or plain vine, simple options: From the point of view to the future change of the futures in the form of a simple mode that does not add any condition to the option that can buy and sell underlying assets, and have been in line with the future change in the exchange rate, and have been in accordance with the direction and direction of the parties to the contract.