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(영문) 서울남부지방법원 2014.10.10 2014나52372

손해배상(기)

Text

1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.

2. All appeals filed by the plaintiff and the defendant are dismissed.

3...

Reasons

1. Basic facts

A. From October 2003 to the Defendant, the Plaintiff entered into an agreement with the Plaintiff to receive a discount on online sales commission (hereinafter “instant agreement”) and conduct online sales. From July 201 to December 7, 2011, the Defendant’s home trading system refers to a program for an individual investor to engage in financial investment transactions, such as stocks and derivatives, in a house or office.

(HTS and Home Tox 200 option connection contract (Eurex 17:0 to 05:00 on the following day, which is a derivatives exchange, and the unsettlement agreement refers to a futures option contract in which an investor participating in the futures option market either purchases or sells a futures option contract and holds it as it is without buying or selling it. After the termination of the contract, the unsettlement agreement was concluded.

B. On September 6, 201, and October 28, 201 of the same year, when the Plaintiff traded options through the Defendant’s Home Calling System, there was an error that is reflected in the product balance after considerable time compared to the time when the order was received in the Defendant’s system and the contract was concluded.

(hereinafter referred to as “an error in the details of orders, etc.”) C.

In addition, in indicating the Defendant’s “amount of profit and loss for the commodities held” under the Defendant’s Home Trading System, there was an error in indicating the amount of profit and loss for the commodities held by applying the closing price on the preceding day instead of the actual purchase price.

(hereinafter referred to as “an error related to trade profit and loss” d.

The defendant is above.