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(영문) 서울고등법원 2016.12.09 2016나402
손해배상(기)
Text

1. The defendants' appeal and the request for return of provisional payment are all dismissed.

2. The expenses of the appeal shall be applied for the return of the provisional payment.

Reasons

1. Basic facts

A. The Plaintiff’s position 1) around 2009 (hereinafter “instant investment trust”) No. 39 of the flus-based private equity securities investment trust (hereinafter “instant investment trust”).

(3) A flus Asset Management Co., Ltd. (hereinafter “flus Asset Management”)’s asset management company

2) As to the instant trust agreement between the investment trust and the investment trust (hereinafter referred to as “instant trust agreement”).

A) The Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) that concludes a collective investment agreement and keeps and manages collective investment property.

(ii) The Defendant Dom Bank is a trust company under the Capital Markets Act. (2) The Defendant Dom Bank is a bank operating banking business with its head office in Germany, and the Defendant Dom Securities Co., Ltd. (hereinafter “Defendant Dom Securities”) is a financial investment business entity under the Capital Markets Act for the purpose of trading, buying, buying, and arranging securities as a subsidiary of the Defendant Dom Bank.

B. 1) The instant investment trust was established on April 13, 2010, and the Plaintiff established three accounts (Account Number: KB securities 01-03-705436, 200-21-9087, 200-21-890175) on KB securities and treatment securities to operate the instant investment trust. 2) The instant investment trust refers to the right to purchase the synthetic option strategy (col option) at a specific price at a specific time in order to prevent investment loss while investing in bonds, stocks, and derivatives. At the same time, the Plaintiff formed a variety of profit structure, and made use of put options to sell them at a specific price, regardless of the market price of put options and put options. At the same time, the Plaintiff, in particular, put options to sell them at a specific price during the instant investment trust’s strategy and put options to sell them at a specific price.

C. On November 11, 2010, the background of the occurrence of options shock 1) Defendant Doesa Bank A's Marginal Profit Trading Team (ASG: Absolar.

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