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(영문) 서울고등법원 2012.09.06 2011나10244

부당이득반환 등

Text

1. Of the judgment of the court of first instance, Defendant Korea Cmat Bank that falls under the following order of payment:

Reasons

1. The reasons for the court's explanation of this case are as follows: the court's explanation of this case shall be as follows: "In full view of the purport of the evidence and the entire pleadings" of the first instance court's 16th, 13th of the first instance court's 16th of the 16th court's 16th of the 16th court's 16th of the 31th court's 16th of the 38th court's 11th of the 38th court's 46th court's 7th to 65th of the 46th court's 7th to the 4th of the 69th court's 69th court's 1th to 3th of the 69th court's 420th court's c.

2. The addition;

E. According to the monetary option transaction agreement prepared by the plaintiffs, defendant Il-il Bank, and new bank in entering into each of the contracts of this case, if the defendants did not notify the plaintiffs of the exercise of the call option by the time limit for exercising each of the due dates, the defendants shall be deemed to have waived the exercise of the call option. In this case, the defendants did not notify the plaintiffs of the exercise of the call option, and thus, the defendants were deemed to have waived the exercise of the call option, and all of the defendants' rights to the call option were extinguished under each of the contracts of this case. Thus, since the defendants acquired the amount of the settlement under each of the contracts of this case that the plaintiffs paid to the defendants without any legal cause, the defendants asserts that they are obligated to return it to the plaintiffs

In full view of the overall purport of the arguments in the statement No. 4-8, No. 59, No. 8-1, and No. 2 of the evidence No. 2-2, “In the event that a purchaser has notified the exercise of the relevant monetary option, the Customer and the Bank shall exchange or pay the equivalent amount in accordance with the written confirmation on the date of settlement (Article 2(2) of the No. 59)” in the monetary option transaction agreement prepared by the Plaintiff and the Defendant No. 1 Bank. 2.