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(영문) 서울중앙지방법원 2010.12.17 2009가합11032
부당이득금반환등
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's claim for monetary payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 10, 1998 for the main purpose of manufacturing and selling automobile parts. The Defendant was a commercial bank established pursuant to the Banking Act, and entered into a so-called KIKO currency option contract on April 3, 2008, as seen thereafter.

B. In the context of a forward forward exchange contract and so-called KIKO currency option contract 1), a simple forward forward exchange contract (the forward forward transaction, and for the first time transaction): The same applies to the structure in which call options and put options are exchanged at a certain point of time in the future with a specific exchange condition at a specific point of time in the future. In the case of a forward exchange contract, since the exchange rate, which is the exchange condition during which time is due by mutual negotiations, is determined, there is no separate premium between the parties to the transaction (the price for receiving options) (zerco). However, an enterprise is likely to deposit a certain percentage of deposit in a bank.

In this respect, only one of the parties who possess an option with property value is compared to the simple option transaction that provides the option to the option party. The structure and call option: rights to purchase the underlying asset at the price in the event price at a certain time in the future or put option option: an exclusive option, such as a right to sell the underlying asset at the event exchange rate at a certain time in the future, and a right to sell it at the option at the event rate: an open option, such as a right to sell the underlying asset at the option at the event rate: a simple form of option that can purchase and sell the underlying asset, and has been in line with the conventional expectation or a simple option in accordance with the direction of the future change in the futures in the form of an option that does not add any condition to the option that can sell and purchase the underlying asset, and has been in line with the future change in the futures or the previous changes in the futures in the form of exchange rate.

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