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1. Plaintiff A, among the ancillary claims of the first instance judgment, who falls under the following part of the order to pay.
Reasons
1. As to this part of the basic facts, this court's reasoning is as follows: "A added "No. 56-1, 2" at the end of Part 3 of Part 4 of the judgment of the first instance, and "A remains in the 1,100 Won as of November 1, 2010" at the end of Part 8, "A remains in the 1,100 Won around November 201," and "A remains in the 1,259,840,000 won in accordance with the currency option contract" at Part 7 of Part 18 of the judgment of the first instance, "A remains in the 1,259,840,00 won in total pursuant to the currency option contract at Part 172,80,000,000 won in accordance with the currency option contract at Part 1,087,000,000 won in total, 1,259,80,000 won in addition to the corresponding part of the judgment."
2. The reasoning of this court as to this part of the judgment on a primary claim is the same as that of the judgment of the court of first instance, and thus, this part is cited under the main sentence of Article 420 of the Civil Procedure Act.
3. Determination as to a claim for return of unjust enrichment which is selectively added at the trial of the party
A. According to Article 3(1) of the Agreement on Trade of the instant currency option contract, the exercise of options is established by the purchaser’s notification of exercise by oral or other means between 09:30 and 15:00, the time when the maturity date expires, in the case of the instant currency option contract, which is an European-style option. In the event that there is no notification of exercise by the time when the maturity date ends, the purchaser shall be deemed to waive the exercise of options.
In this case, since the defendant did not notify the exercise of the call option, it is considered to waive the exercise of the call option. Accordingly, the defendant is obliged to return the settlement amount that the plaintiffs paid to the defendant on the premise of the defendant's exercise of the call option.
B. Details and interpretation of the instant currency option contract 3 1, 2, 5, 6, 8, 9, 10, 107, and 30.