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(영문) 서울중앙지방법원 2016.02.02 2011가합118493

손해배상(기)

Text

1. The Defendants jointly share KRW 279,400,000 with the Plaintiff as well as 5% per annum from November 11, 2010 to February 2, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an investor who gains profits by opening a futures option account in Korea Investment Securities Company and investing in exchange-traded derivatives transactions, etc.

(2) Defendant B Bank is a foreign financial institution established under the Federal Republic of Germany Act and is a large bank that comprehensively manages investment bank business, electronic financial business, and asset management business, and Defendant C Company (hereinafter “Defendant C”) is a financial investment business entity under the Financial Investment Services and Capital Markets Act for the purpose of securities sale and purchase, consignment sale, etc., and is a domestic corporation established by Defendant B Bank to perform the financial investment business sector in Korea.

(3) Defendant B Bank’s Hong Kong Branch Marginal Profit Trading Co., Ltd. and managing director; E is the same team director; F is the Hong Kong Branch Co., Ltd. of Defendant B Bank’s Hong Kong Branch Co., Ltd.; and G is the team leader and managing director of Defendant C’s share derivatives sector.

B. Prior to November 11, 2010, Defendant B Bank established a 12 synthetic gift sale market (the 12-price synthetic gift totaling KRW 119,480, nominal amount 2.9,855 billion between the event price and KRW 230.0 to 230.0 to 257.5) with a view to hedging the risk of synthetic gift for index 200 derivatives trading.

(2) In addition to the aforesaid hedge, Defendant B Bank established an amount of KRW 470 million with premium from November 1, 2010 to KRW 14:56 to 14:59 on November 14, 2010, and sells an amount of KRW 19,645 call options with the maturity of 255 and at the same time by purchasing an amount of KRW 19,595 at the maturity of November 14, 2010, which is 255 put options (the nominal amount of KRW 50,000) to sell put options at the maturity of 19,595 at the maturity of November. < Amended by Act No. 10426, Nov. 14, 2010>