beta
(영문) 서울고등법원 2014.08.29 2013나81035

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

This Court's use of this part is identical to the part of "basic facts within the scope necessary to determine the cause of claim" among the grounds of the judgment of the court of first instance. Therefore, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s summary of the cause of the claim is that the agreement on the price, which is an essential element of the contract, is null and void due to the failure to reach an agreement on the important content of the contract for the return of unjust enrichment arising from the invalidation or cancellation of the instant 1 and 2 currency option contract, and the non-exercise of the call option, etc., is null and void. As such, each of the above contracts is null and void.

The claim that the instant 1 and 2 currency option contract constitutes an unfair terms and conditions and thus null and void is prior to the amendment by Act No. 10169, Mar. 22, 2010.

The Act on the Regulation of Terms and Conditions (hereinafter referred to as “Terms and Conditions Regulation Act”).

(1) Article 9 subparag. 5 of the Act on the Regulation of Terms and Conditions provides that “A contract shall be deemed null and void, inasmuch as a contract structure itself is considerably unbalanced between put put to place and put to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place to place