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(영문) 서울고등법원 2014.06.20 2012나75750
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence 1, Gap evidence 3, Eul evidence 8 to 17, Eul evidence 2, Eul evidence 5 to 7 (including each number; hereinafter the same shall apply) and witness Eul evidence of the court of first instance.

The Plaintiff is a company with approximately KRW 23.9 billion in total assets, KRW 19.5 billion in total liabilities, KRW 22.3 billion in total assets, and KRW 16.4 billion in total liabilities in August 18, 1997 as a manufacturer of the outer part of the motor vehicle, which was established on August 18, 1997, and the Defendant is a bank established under the Banking Act.

B. The emergence background and structure of a currency option contract 1) an exporter company is to receive export price in foreign currency, such as US$, so it is necessary to avoid and avoid risks arising from exchange rate fluctuations. Accordingly, exporters have traded currency derivatives for exchange hedging. 2) In the past, in order to make exchange hedging, simple futures exchange contracts (in the first place: currency forward: transactions in which currency is to be exchanged on certain terms and conditions at a certain time in the future: the right to purchase at a certain time in the future) or call options such as forward options (the right to sell underlying assets at the exchange rate at a certain time in the future) or put options (the right to sell underlying assets at the exchange rate at a certain time in the future: options that can sell and purchase underlying assets: simple options that are not attached to options that can sell and purchase underlying assets in the future, have been used for exchange or exchange hedging in various forms based on the forward exchange rate fluctuations in the futures market.

In the case of the modified gift of a representative basic form, the latter has the maturity rate instead of being guaranteed a higher exchange rate than a simple forward exchange.

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