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(영문) 서울고등법원 2017.09.21 2017나2022337
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) adding or adding each corresponding part of the judgment of the court of first instance to or using it as set forth in paragraph (2) below; and (b) the Plaintiff’s new argument in the trial of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as set forth in paragraph (3) below; and (c) thereby,

2.The following shall be added between the third and third instances of the judgment of the first instance which is added or written in addition:

“4) At the time of the said counter-trade (hereinafter “instant counter-trade”), the Plaintiff’s good faith deposit rate was 20% lower.

Plaintiff

The legal representative stated that there is no dispute over the facts that the Plaintiff’s consignment guarantee rate was lower than 20% at the time of the 1st day of pleading in the trial.

"No. 2 of the judgment of the court of first instance" in Part 19 of the judgment of the court of first instance shall be construed as "No. 2, 18, 19, 21 of the judgment of the court of first instance". The following shall be added between the fourth and fifth of the judgment of the court of first instance. Fifth, the notice of risk of overseas derivatives of the Korean Investment Securities (Evidence No. 19 of the judgment of the court of first instance) and the statement of transaction (Evidence No. 19 of the judgment of the court of first instance).

Ⅲ A trade description of overseas derivatives; and

8. The fact that the compulsory liquidation system (the opposite trading system among the heads) 1) (No. 19) is written, and the fact that the transaction of overseas derivatives of modern securities (the evidence No. 21) is due to the fact that “where the amount of appraised assets of customers falls below 20% of the consignment guarantee money, the company may liquidate even during the period of a non-settlement agreement without notification to the customer, even if the amount of appraised assets of the customer falls below 20% of the consignment guarantee money.”

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