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(영문) 서울남부지방법원 2020.10.21 2020가단233812
기타(금전)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 64,281,037 to the Plaintiff (Counterclaim Defendant) and its related amount from March 11, 2020 to October 21, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Party status and transactional relationship 1) The Plaintiff is the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

(C) A company engaged in the investment trading business, investment brokerage business, collective investment business, etc. specified in the subparagraph. On February 20, 2019, the Defendant, via the Plaintiff, opened an account for transactions in an overseas derivatives market (Account C; hereinafter “instant account”).

(2) The Defendant, through the instant account, traded overseas derivatives, including options based on the underlying assets in the derivatives market operated by the U.S. Commercial Exchange via the Plaintiff.

3) The Defendant’s course of trading overseas derivatives using the instant account is that, upon the Defendant’s order for the purchase and sale of options, the Plaintiff entered into a contract in the name of the Plaintiff by delivering the Defendant’s order to the broker (FCM) of an overseas derivatives market. In other words, the Plaintiff is a party to the options transaction in an overseas derivatives market and the Defendant is entrusted the Plaintiff with such transaction through the instant account. Therefore, the Plaintiff is liable for direct settlement of options transaction with a member of an overseas derivatives market or an intermediary. Therefore, the Defendant is liable for the direct settlement of options transaction with the Plaintiff, and the Defendant bears the final settlement liability with respect to the Plaintiff pursuant to the instant contract. (B) The terms and conditions relating to the instant account are as follows.

Article 5 (Transactions with Self-Determination and Liability) of the General Account for Overseas Derivatives Transactions (Transactions with Self-Determination and Liability) shall make transactions with his/her own judgement and responsibility with full knowledge of the risks incurred from overseas derivatives transactions.

Article 9 (Deposit of Entrustment Deposits) A customer shall place a new order.

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