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(영문) 서울중앙지방법원 2018.04.20 2017가합549099
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of manufacturing parts of civil engineering construction machinery, rolling stock, and other special vehicles, and the defendant is a commercial bank established under the Banking Act.

B. On August 14, 2007, the Plaintiff entered into a currency option contract (hereinafter “instant currency option contract”) with the Defendant and Japan on the foreign currency received as export payment, instead of being guaranteed a higher exchange rate compared to a simple gift exchange on other diskettes with the following terms and conditions. In the event that the maturity exchange rate is higher than the exercise exchange rate, the Plaintiff entered into a currency option contract of put options contract at a certain multiple of put options contract (hereinafter “instant currency option contract”).

The kind of product shall be expressed as 100 UN / 200,000,000,000 won per month of the contract amount from September 2007 to August 36, 2010 (the first month contract amount shall be 400,000,000,000 won per 10,000,000 won per month of the contract amount.

From September 2007 to August 2008: 852 won on September 2008 to August 2009: from September 8, 2008: the relevant maturity of KRW 820 to September 2009: from September 2009 to August 2010: The relevant maturity of KRW 805 won: (1) Sale at the market reference exchange rate of the relevant maturity: the market reference exchange rate of the relevant maturity of KRW 100 million; (2) The event exchange rate of exchange at the market reference rate of the relevant maturity.

C. The Plaintiff’s details of the conclusion of the currency option contract with C on July 16, 2007, which was about one month prior to the conclusion of the instant currency option contract (hereinafter “C”) with C Co., Ltd. on July 16, 2007, is likely to change the exchange rate due to the fluctuation of market exchange rates, while the currency option product with the structure of two Snball structure as follows are more than the general currency option product.

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