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(영문) 서울북부지방법원 2016.11.25 2016나2886
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of premise;

A. A. The term “credit transaction” and “credit transaction” mean a transaction under which a customer, who opens a credit transaction account at the headquarters of the defendant, a corporation with the objective of an investment trading business or discretionary investment business, opens an account and makes stock transactions at the headquarters of the defendant, a corporation, and receives and pays a part of the purchase price of stocks from a securities company, and purchases or lends stocks (hereinafter “charter”) and sells stocks (hereinafter “charter”).

(hereinafter “instant contract”) was concluded.

Luxembourg The Plaintiff’s credit transaction account assessment amount [referring to the total amount calculated by the closing price on the date of the evaluation of shares held by the customer. + deposit (D+2) + deposit amount] i.e., security ratio is maintained to not less than 140% compared to the loan amount of the Plaintiff’s credit transaction from the Defendant. Meanwhile, if the Plaintiff fails to comply with the above contract, the Defendant requires additional security (within one business day from the date of the request) and sells the Plaintiff’s shares by assessing the customer’s shares at a unit price equivalent to the unit price ratio on the basis of the unit price prior to the day when the opposite trading securities company dealing with the Plaintiff’s shares in the above contract. In addition, the Defendant’s opposite trading unit on the grounds of the shortage of security under the above contract is based on the lower limit of the closing price (70% prior to the date of the above contract’s purchase price 】 interest on disposal 】 interest on the purchase price + deposit + deposit + deposit ? ? ? the Plaintiff’s principal 50% after the purchase of shares 50.

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