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(영문) 대법원 2009. 05. 14. 선고 2009두2788 판결
파생상품의 평가손익은 자산가액에서 차감하는 부채로 볼 수 없음[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu25359 ( October 14, 2009)

Case Number of the previous trial

National High Court Decision 2004Du3581 ( October 29, 2007)

Title

The valuation profit or loss of derivatives shall not be deemed as the debt deducted from the value of assets.

Summary

The valuation profit or loss of derivatives at the time of the evaluation of unlisted stocks is related to the "evaluation of derivatives before the rights and obligations become final and conclusive due to the termination of the relevant derivatives contract." Thus, the valuation profit or loss of derivatives shall not be considered as the debt deducted from the value

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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