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(영문) 서울남부지방법원 2019.06.21 2018가합112278
기타(금전)
Text

1. The Defendant’s KRW 32,872,062 as well as 10% per annum from March 6, 2018 to May 1, 2018 to the Plaintiff.

Reasons

1. Basic facts

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

A) A company that runs an investment trading business, an investment brokerage business, etc. pursuant to the Securities and Exchange Act. On February 13, 2013, the Defendant is an overseas derivatives trading account (Account Number C; hereinafter “Defendant Account”) via the Plaintiff.

(2) As of February 5, 2018, the Defendant held an open contract for sale of foreign derivatives P18750, P250, P2100, P1800, and March 1800, P18250, as of February 5, 2018.

(Applicable Risk 35.89%). (b)

After February 6, 2018, the liquidation process of the Defendant observer was 1) Japan NIKKI index (hereinafter referred to as the rapid increase in the U.S. bonds interest rate in the foreign stock market on February 6, 2018. Accordingly, the Japanese NIK index was also decreased rapidly due to the rapid decline in the stock price. Accordingly, the total amount of the asset assessment in the risk trading account in the Defendant’s account was at a level lower than the consignment guarantee deposit amount. The risk is calculated as “[1-(value assessed ± consignment deposit amount)”. The risk was calculated as “4.21% from 05:09 to 98.46%, and reached 05:0% from 44.21% from 05:09 to 100% from 53:53,200.2) The Plaintiff settled the settlement agreement with the Defendant on February 6, 2018, and the settlement agreement was settled at a considerable amount of KRW 7504,75385.304.7.5

The plaintiff's deposit in the defendant's account 27,979,720 United Nations deducted the amount of options liquidation and the fee, which remains 46,889,245 United Nations (468,199,853).

On February 6, 2018, the Plaintiff paid the outstanding amount 46,889,245 UN (amounting to KRW 468,199,853) to an overseas brokerage company.

3) On February 6, 2018, the Defendant deposited KRW 300,000,000 of the additional deposit on or around 08:27:50 on or around February 6, 2018. On February 8, 2018, the Defendant exchanged KRW 39,99,95 on or around February 8, 2018 (the outstanding amount corresponding to 40,183,235 United Nations was partly repaid, and the leading transaction was 4,301,875, which was offered as substitute on or around February 13, 2018.

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