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(영문) 대법원 2015.04.09 2013다5190
부당이득반환 등
Text

All appeals are dismissed.

Of the costs of appeal, the costs of appeal are between the Plaintiff A and the Defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

1. As to the grounds of appeal by the Plaintiffs on the invalidity, cancellation, termination, waiver, etc. of the instant currency option contract, the Plaintiffs asserted that the instant currency option contract was null and void on the grounds of violation of the Act on the Regulation of Terms and Conditions and unfair juristic acts under the Civil Act, etc., and that: (ii) the instant currency option contract was cancelled on the grounds of deception and mistake on the value of option, exchange hedge suitability, exchange rate fluctuation possibility, and exchange rate fluctuation; and (iii) the change of circumstances, such as a sudden change in exchange rate fluctuations arising after the conclusion of the instant currency option contract, or the rise in other anticipated exchange rates, were not intended by the parties; and (iv) the Defendant did not notify of the exercise of the instant currency option option, and did not waive the exercise of the said option; however, the lower court rejected all of them on the grounds indicated in its reasoning.

In light of the relevant legal principles and records, the above judgment of the court below is just, and there is no error of law as alleged in the plaintiffs' grounds of appeal

2. On the grounds of appeal by the Plaintiffs on the suitability principles in relation to structural compatibility, the hedge transactions are for the purpose of reducing, in whole or in part, the risk of price fluctuation arising from the transaction in kind currently held or anticipated to be held, and the hedge transactions are not limited to transactions in which profit or loss arising from the hedge transactions is the opposite direction from the price fluctuation in kind and from the entire section, and include transactions in which profit or loss is the opposite direction only in a specific section.

Therefore, if the party who intends to make the hedge transaction has a special prospect or purpose in relation to the price fluctuation in the spot goods, it is different from the hedge transaction to avoid risk only in the specific section.

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