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(영문) 서울중앙지방법원 2015.07.07 2014나23293
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the court’s explanation on this part is based on Article 420 of the reasoning of the judgment of the first instance, on the ground that the “as a product,” “in the form of a product,” “in the form of an instrument,” “in the form of an automated instrument” and “in the form of an automated instrument,” “in the form of an automated instrument,” “in the form of an instrument,” “in the form of an automatic instrument”

2. Determination:

A. (1) The Plaintiff’s assertion (1) the instant 4530 ESS goods and 5040 ES goods (hereinafter “each of the instant goods”) constituted a condition for redemption, even if each of the instant underlying assets’ respective closing prices, as indicated in the table below, exceeds a certain percentage, as of August 1, 2011.

Inasmuch as the annual rate of return on the instant 4530 ES product is 15%, the rate of return at the time of redemption as of August 1, 201, when six months elapsed, is 7.5%.

Inasmuch as the annual rate of return on the instant 5040 ES product is 19.62%, the rate of return at the time of redemption on August 1, 201, when four months elapsed, is 6.54%.

Therefore, when the plaintiffs redeem each of the instant products on August 1, 201, they could benefit from KRW 3,750,000 (=50,000,000 x 7.5%) of the instant 4530 ES products and 3,270,000 products of the instant 5040 ES products (=50,000,000 x 6.54%).

The Defendant unilaterally refused the Plaintiff’s request for redemption of the first base price of KRW 298,50 per annum 4530 (the closing price of February 1, 201) from KRW 86.25% to KRW 257,456.25 won (the closing price of February 1, 201) from February 1, 201, KRW 25,443.75 won, KRW 27,600, KRW 500 (the closing price of February 1, 201) from KRW 25,443.75 won, KRW 500, KRW 79,200, KRW 500 (the closing price of March 31, 201) from the first base price of KRW 90 to KRW 71,280,500, KRW 300,500, KRW 3050, KRW 500, KRW 401, KRW 2741,301.27

(2) The Plaintiffs on February 4, 2015.

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