부당이득금 반환 등
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. The following facts can be acknowledged in full view of the evidence evidence Nos. 1 through 18 (including branch numbers), 20 to 34, Eul, 9, 10, 11-1, 13, 15, 18, 22, and 24, and the purport of the testimony and whole pleadings of the witnesses of the first instance trial C, D, and 24 before remand.
① As a company that manufactures and sells electronic parts, etc. used in mobile phones, the Plaintiff’s sales amount was approximately KRW 30.9 billion in 2006, KRW 96.1 billion in 2007, KRW 3.2 billion in 2006, KRW 3.4 billion in 2007, KRW 7.166 million in 206, USD 82.7 million in 2007, USD 2007, USD 902.6 million in 2008. From March 2007, E, a subsidiary company of the Plaintiff, sold mobile phone parts through the Plaintiff, and the export amount was increased.
② The Defendant, as a principal bank of the Plaintiff, carried out a money exchange business on USD 1 introduced into export. On July 2007, the Defendant reviewed loans and identified the financial status, etc. of the Plaintiff.
③ On November 6, 2007, the Defendant visited the Plaintiff on November 6, 2007, and solicited the Plaintiff’s vice president I and C to enter into a contract for the exchange hedging of the export price.
④ On November 15, 2007, the Plaintiff entered into the instant currency option contract with the Defendant from December 17, 2007 to November 17, 2008, wherein the period of exercise was from November 17, 2008, the contract amount was KRW 500,000 per put to put to put to put, put, and put, and KRW 500,000 per month (the exercise exchange rate of KRW 885,00 per month), and USD 10,000 per call (the exercise exchange rate of KRW 915,00 per month), and the Defendant’s call option entered into the instant currency option contract with the melting condition (the green exchange rate of KRW 935,00).
⑤ From December 20, 2007, the first settlement date, to November 19, 2008, the final settlement date, the Plaintiff incurred a total of KRW 17.765 billion, equivalent to the difference between the market exchange rate and the exercise exchange rate, in the previous section.
2. The assertion and judgment
A. The Parties’ assertion.