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(영문) 서울중앙지방법원 2017.01.12 2016가합520855
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are investors who gain profits from opening a futures option account to a securities company and investing in exchange-traded derivatives transactions. 2) Defendant G is a foreign financial institution established under the Federal Republic of Germany Act, and is a large bank that comprehensively manages investment bank business, electronic financial business, and asset management business, etc., and Defendant FF corporation (hereinafter “Defendant F”) is a financial investment business entity under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”), which is established by Defendant G to perform the financial investment business sector in Korea.

3) Defendant G Hong Kong Branch Marginal Profit Trading (ASG) team leader and managing director; I am the same team director; and K am the Defendant G Hong Kong Branch’s share business risk manager; and K am the Defendant F’s share derivatives division. (B) Defendant G established a synthetic gift sale method (a total price of KRW 119,480, a nominal gift amount of KRW 29,5550,50,000) on November 11, 2010 in order to avoid the risk of synthetic gift trading vis200 derivatives by November 201, 2010.

2) In addition to the aforesaid hedge, Defendant G paid an amount of KRW 470 million at the premium from November 11, 2010 to KRW 14:56 to 14:59,000,000,000,000 to KRW 255,000,000 at the due date of November, 200, and purchased put options 19,595 at the due date of November, 201 to sell put options at KRW 255,00,000,000,000 for put options at KRW 50,000,000,000,000 through the derivatives trading account of Defendant F’s derivatives trading account (not via the SbB Center, which is an automatic order system for index marginal trading).

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