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(영문) 대법원 2015.03.20 2012다90122

부당이득반환 등

Text

The judgment below

Of the plaintiffs, the conjunctive claim against the defendant C&C Co., Ltd. is made.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the Plaintiffs’ invalidity, cancellation, termination, waiver of option exercise, and ex post customer protection obligation, etc. of the instant currency option contract, the lower court rejected the Plaintiffs’ assertion on the grounds that (1) the instant currency option contract was null and void due to a violation of the Act on the Regulation of Terms and Conditions, a violation of the Civil Act, or an unfair legal act, etc.; (2) there was deception or mistake on the value of option, exchange hedging suitability, possibility of exchange rate fluctuation, fees, and coina, etc.; (3) the Defendants’ cancellation or deception on the grounds of the change of circumstances, such as a sudden change in exchange rate inherent change after the conclusion of the instant currency option contract; and (4) the Defendant Korea Standards Bank (former change: Korea Standards Bank; hereinafter “Defendant Japan Bank”); and (3) the new bank (hereinafter “Defendant New Bank”) failed to notify the Plaintiffs of its ex post facto loss options; and (5) the Defendants failed to comply with the Plaintiffs’ right to exercise the option; and (5) the Defendants’ claim against the Defendants’ loss reduction scheme.

In light of the relevant legal principles and records, the above judgment of the court below is just, and there is no violation of law as alleged in the plaintiffs' grounds of appeal

2. As to the grounds of appeal on the violation of the suitability principle based on the Plaintiffs’ structural compatibility, the hedge trading is an agreement with a view to reducing, in whole or in part, the risk of price fluctuation arising from the transaction in kind in which the Plaintiffs currently hold or are expected to hold.