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(영문) 서울중앙지방법원 2017.07.07 2015가합550521
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) carry out the counter-trade in accordance with the computerized automatic counter-trade system used inside the Defendant with respect to all the same futures and options balance;

KOSPI 20 futures 200 futures 625 KOSPI 200 KOSP 200 call option 661 KOSPP 200 KOSP 200, sale on October 21504, 20150 KOSP 200 call option 137 KOSPI 200 put option 200 put option 200 put option 200 on December 5, 2015 205 20150 KOSP 200 put option 625 KOSPI 200 puts option 200 puts option 142 Defendant’s automatic sales system applied the following formula (hereinafter “instant formula”) to carry out the sales ratio of the instant futures option to the instant futures option account, and subsequently, the Plaintiff purchased the sales ratio to the sales of the instant futures option in accordance with the trading ratio of the instant case to 350 options in the instant case to the contrary account.

In the instant case, * Additional Deposit / (total amount of the consignment deposit - Additional Deposit) = 0.51913847 - Additional Deposit - Total amount of the consignment deposit - 37,865,605,605,265 - Additional Deposit: 29,496,525,000 won (based on the preceding day of the option balance) entered in the decentralization, whichever is greater, was used by the Defendant to use the larger amount between the additional Deposit and the additional Deposit (based on the closing day of the option balance) in order to purchase 815 contracts for option items in the course of the Defendant’s trade as above.

Accordingly, the defendant's method of determining the sale price of substitute securities of KRW 19,703,01,466, an amount obtained by subtracting KRW 6,150,025, which is an amount obtained by selling gift items before the enforcement of the opposite trading: additional deposit (cash) 4,344,711,491, and cash required for the purchase of options 15,364,450,000,000, which is an amount obtained by deducting KRW 6,150,025, which is incurred in selling gift items before the enforcement of the opposite trading: the amount needed for settlement following the submission of an order for the opposite

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