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(영문) 서울중앙지방법원 2014.01.16 2013가합29733

부당이득금 반환 등

Text

1. The Defendant’s KRW 3,53,000,000 per annum from November 19, 2007 to January 16, 2014, and the following:

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. The Plaintiff (former Mutual Co., Ltd. B) as a party is a company that manufactures and sells electronic parts for mobile phones and hedging products established on January 15, 1999.

The defendant is a city bank established under the Banking Act.

B. The background of the appearance of the currency option contract and the KIKO currency option company's export price is paid in foreign currency, such as US dollars. Since the equivalent value of foreign currency changes from time to time, it is necessary to avoid exchange risk that reduces the value of foreign currency at the time of exchange.

Accordingly, exporters trade monetary derivatives to avoid exchange risk.

In the past, the structure of simple futures exchange contracts (in the future, transactions to be exchanged on certain terms at a certain point): call options (the right to purchase underlying assets at the price 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) such as put options (the right to sell them at the exchange rate at the event rate at a certain time in the future) which are basic monetary derivatives in various forms according to the prospect of changes in future exchange rates in the parties to a contract, have been used as goods for exchange hedging. In addition, the exchange rate at a certain rate of exchange determined in advance at a certain rate of exchange than the other party’s exercise of options, which is higher than the other party’s exercise of options at a certain rate of exchange.

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