beta
(영문) 서울중앙지방법원 2014.04.18 2013가합12520

부당이득금반환 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, Eul evidence Nos. 12, and Eul evidence Nos. 6 (including branch numbers, if any).

The Plaintiff’s status as the parties is to conduct the business of manufacturing waste heat recovery boiler, petroleum gas, and chemical plant, etc.

The defendants are companies engaging in banking business with the authorization of banking business from the Financial Services Commission in accordance with the Banking Act.

B. 1) In the past, based on the structure of simple futures exchange agreements (on the basis of currency forward transactions and Form) which are basic monetary derivatives (on the basis of a certain point in the future) and call options (the right to purchase at the price of using underlying assets at a certain time in the future: the right to sell underlying assets at the exchange rate at a certain time in the future) or put options (the right to sell underlying assets at the exchange rate at a certain time in the future: a simple form of options, the conditions of which are not attached to options that can sell underlying assets at the exchange rate in the event in a certain time) in various forms according to the forecast of changes in the future exchange rates of parties to a contract.

In addition, with a representative modified gift exchange, other chip chip (in arget: in the event that the maturity exchange rate is higher than the exercised exchange rate instead of being guaranteed a higher exchange rate than the simple forward exchange rate, the currency option contract determined by put option contract at a certain multiple of put option contract amount, or leverage (in the event that the maturity exchange rate is higher than the exercise exchange rate, the currency option contract for put option contract amount) or legetable (in the course: in the event that the maturity rate is set in advance and the lower exchange rate, any rights and duties are imposed on the parties.

참조조문