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(영문) 서울고등법원 2014.10.17 2014나2010371
부당이득금
Text

1. The part concerning the claim for damages in the judgment of the court of first instance, which orders payment below.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence 1-1, 2, 2-2, 7-1, 2, and 17:

The Plaintiff is a company that manufactures electric and electronic materials, such as ES, which is the form of a mobile phone and exports them to the mother-ro, etc. of the United States and receives the export price from the United States currency (USD). The Defendant is a bank established pursuant to 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 fluctuation. Accordingly, the exporter company has traded currency derivatives for exchange hedging. 2) In the past, in order to make exchange hedging, simple futures exchange contract (in the first place: currency forward: transaction in which currency is to be exchanged on certain terms at a certain time in the future) structure and call options (the right to purchase underlying assets 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: the right to sell underlying assets at the exchange rate at a certain time in a certain time in the future), such as exchange options or put options (the simple form of options that are not added to options that can trade underlying assets: the parties to the contract has been able to make exchange hedging in various forms based on the forward exchange rate fluctuations.

In the case where the maturity exchange rate is higher than the exercised exchange rate, the contract amount to be sold at the call option of the other party is the put option contract amount, instead of being guaranteed a higher exchange rate than the simple forward exchange rate.

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