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(영문) 서울중앙지방법원 2010.11.29 2008가합80543
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (the previous trade name was “B”) was changed to the current trade name on April 12, 2007 after it was acquired by the Group C.

The Plaintiff’s total assets are as follows: (a) a listed company established on July 26, 1968 for the purpose of production, sale, etc. of leather products, aluminium products, etc.; (b) a listed company mainly produces shot and parts thereof; (c) a domestic master market share is two higher; and (d) a master company is exporting shot, etc. in Europe. The Plaintiff’s total assets are KRW 10.2 billion as of December 31, 2007; (b) a KRW 134.1 billion as of December 31, 2008; (c) a sales amount is KRW 80.4 billion as of December 31, 2004 (50.6 billion); (d) a commercial bank’s sales amount is KRW 107.9 billion as of 2006 (66 billion); and (e) a commercial bank’s KRW 13.9 billion as of 200 billion as of 207.198 billion as of 209 billion (6 billion.2 billion).

B. In the context of a forward forward exchange contract and so-called KIKO currency option contract 1), a simple forward forward exchange contract (the forward forward transaction, and for the first time transaction): The same applies to the structure in which call options and put options are exchanged at a certain point of time in the future with a specific exchange condition at a specific point of time in the future. In the case of a forward exchange contract, since the exchange rate, which is the exchange condition during which time is due by mutual negotiations, is determined, there is no separate premium between the parties to the transaction (the price for receiving options) (zerco). However, an enterprise is likely to deposit a certain percentage of deposit in a bank.

In this respect, only one of the parties who possess an option with property value is compared to the simple option transaction that provides the option to the option party. The structure and call option: the right to purchase the underlying asset at the price in the event price at a certain time in the future, or put option: the underlying asset at a certain time in the future.

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