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(영문) 서울남부지방법원 2017.04.07 2016가합101885

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant, including the party status, is a company that engages in the investment trading business, investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter "Capital Markets Act"). The defendant, including the party status, is a company that engages in the investment trading business, investment brokerage business, etc. [the defendant who was the defendant at the beginning, is merged with the KF Securities Co., Ltd. (formerly, Hyundai Securities Co., Ltd.) under the status of his/her attorney, and the registration of modification thereof, etc. was completed on December 30, 2016, and the above KF Securities Co., Ltd. became the defendant by taking over the lawsuit in this case]. The plaintiff opened an account with the defendant, and the plaintiff is an ordinary investor who traded overseas derivatives through a program that allows private investors to trade stocks at home or office without going to the customer.

B. The Defendant’s terms and conditions related to the Defendant’s transactions of overseas derivatives (1) as applicable to the Defendant’s transaction of overseas derivatives through the account opened by the Plaintiff (hereinafter “instant terms and conditions”).

The main contents of the notification are as shown in Attachment 1., and the defendant's notification of risk to trade overseas derivatives (hereinafter referred to as "the notification of risk of this case").

The main contents of each subparagraph are as listed in Appendix 2.A. The deposit rate (%) = (amount of provisional refund of appraised assets)/Maintenance deposit amount x 100 evaluated deposited assets = Liquidation profit and loss from deposit - Liquidation profit and loss from appraised profit and loss from fees - (90% of evaluated profit and loss from fees / the publicly notified exchange rate on the day) = The formula for calculating the consignment deposit rate is as follows:

C. On March 19, 2015, the Plaintiff, through the instant account as of March 19, 2015, was able to gain profits if the value of the gift sale market drops due to the decline in the value of the gift sale market through the instant account. On the contrary, a rise in the value of the gift purchase contract and USD 40, which would incur losses due to the increase in the value of the flexibility, would be able to obtain profits from the increase in the value of the gift purchase of USD 40, and on the contrary, the value of USD 10.