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(영문) 서울중앙지방법원 2015.11.26 2011가합77219
손해배상(기)
Text

1. The Defendants jointly share KRW 1,223,096,00 for the Plaintiff A, and KRW 295,451,00 for the Plaintiff B and each of them.

Reasons

1. Basic facts

A. The Plaintiffs are investors who traded options on the derivatives market established by the Korea Exchange for the purchase and sale of exchange-traded derivatives. Defendant Cbank (hereinafter “Defendant bank”) is a bank that runs banking business with its head office in Germany. Defendant D Co., Ltd. (hereinafter “Defendant securities company”) is a financial investment business entity under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) for the purpose of selling, buying, buying, and mediating securities as subsidiaries of Defendant C Bank.

B. The Plaintiffs’ option account Plaintiff Securities Company (Account Number A Korea Investment Securities Company (hereinafter “Korea Investment Securities”) Samsung Securities Co., Ltd. (hereinafter “T&T”) F&T Futures Co., Ltd. (hereinafter “T&T”) G G (hereinafter “New Financial Investment Co., Ltd.”) G (hereinafter “New Financial Investment”) had opened options accounts and conducted options transactions with securities companies as listed in the following table:

C. On November 11, 2010, Defendant Hong Kong Branch Marginal Trading Team (ASG) started a transaction of marginal profits with 11 billion won using Defendant Bank’s equity capital from September 24, 2009, and was in line with the speed improvement of the order trading system at around July 14, 2010, the balance of the purchase was continuously increased at KRW 1.13 billion, and on November 10, 2010, the balance of the purchase profits increased at KRW 2.27 billion and KRW 2.2 billion in the case of the purchase marginal profits at KRW 2.2 billion in the case of the purchase marginal profits between Defendant Hong Kong Branch’s stocks and KRW 2.1 billion in the case of the purchase marginal profits at the price of the first 2.0 billion in the case of the purchase marginal profits between Defendant Hong Kong Branch’s stocks and KRW 2.2 billion in the case of the purchase marginal profits at the price of the first 2.0 billion in the case of the purchase of stocks in kind.

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