logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.21 2018가합105348
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties is the defendant. The defendant is under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

(2) A is a company that engages in investment trading business, investment brokerage business, etc. under this Act. On February 13, 2013, Plaintiff A is an overseas derivatives trading account (Account Number D; hereinafter referred to as “Plaintiff A account”) via the Defendant.

(1) On October 5, 2015, Plaintiff B is an ordinary investor who opened an overseas derivatives transaction and traded overseas derivatives, and Plaintiff B is an overseas derivatives transaction account (Account Number E; hereinafter “Plaintiff B account”) via the Defendant.

(2) As of February 5, 2018, Plaintiff A had an open contract for sale of foreign derivatives P18750, P250, P2100, P1800, P1800, and March 18250, as of February 5, 2018.

(Application Risk 35.89%). As of February 5, 2018, Plaintiff B had an unsettlement agreement on the sale of Japanese NIKKKEI225 options P200, P200, P250, P2100, P1800, P1800, and March P17250 and P18250.

(Applicable Risk 0%)

B. On February 6, 2018, the liquidation process of the Plaintiffs’ options was 1:00, Japan NKKI index reached 0:0% on February 6, 2018, due to the rapid increase in the interest rate of the U.S. bonds in an overseas stock market. Accordingly, the total amount of the deposit assets in the Plaintiff’s risk trading account among the Plaintiffs’ accounts is at a level lower than the consignment deposit deposit amount, and the risk is calculated as “[1-(value assessed ± consignment deposit amount)].” The risk was calculated as “4.21% from 05:09:38 to 98.46%, and the Plaintiff’s account reached 05:0% from 05:09:53 to 100% from 05:39:39:53 to 106% from 205:39:108 to 205:208 of the liquidation agreement, and the Defendant reached the settlement agreement between the Plaintiff’s account and the Plaintiff’s 205:285%.

The Defendant’s deposit in Plaintiff A account 27,979.

arrow