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(영문) 서울고등법원 2012.09.06 2011나101010
부당이득금반환 등
Text

1. Of the judgment of the court of first instance, the defendant Korea Cmat Bank Co., Ltd. was 2,896,824,303 won and 2,896,824,303 won.

Reasons

1. The reasoning for the court's explanation of this case is as follows: (a) from the 33rd bottom to the 53rd bottom to the 4rd bottom to the 53rd bottom; and (b) from the 54th part to the 7th part of the 1st instance judgment, the corresponding part of the 54th instance judgment against the Defendants is the same, and thus, (c) pursuant to the main sentence of Article 420 of the Civil Procedure Act, this part shall be cited.

2. The addition;

G. According to the monetary option transaction agreement prepared by the Plaintiff C and the Defendant Il Bank in entering into the instant call option contract, if the Defendant Il Bank did not notify the Plaintiff C of the exercise of the call option by the time the exercise of each maturity was notified, the Defendant Il Bank shall be deemed to have waived the exercise of the call option. In this case, the Defendant Il Bank did not notify the Plaintiff C of the exercise of the call option by the time when each maturity was given. In this case, the Defendant Il Bank shall be deemed to have waived the exercise of the call option, and the Defendant Il Bank shall be deemed to have waived the exercise of the call option, and all of the Defendant Il Bank’s right to the call option pursuant to the 9 currency option contract was extinguished. Accordingly, the Defendant Il Bank asserts that the settlement of accounts under the 9 currency option contract that the Plaintiff Il Bank paid to the Defendant Il Bank was acquired without any legal cause, and thus, it is obligated to return it to the Plaintiff C.

In full view of the purport of the entire pleadings in the statement of evidence A or 29, in the monetary option transaction agreement prepared by the Plaintiff C and the Defendant Il-il Bank, the Customer and the Bank shall exchange or pay the corresponding amount in accordance with the transaction confirmation as of the settlement date (Article 2(2) of the A or 29 No. 29), and the exercise of options shall be notified by the purchaser, either orally or by other means, to the seller during the business day’s event or exercise period.

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