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TITLE Supreme Court Decision 2013Da69989, 69996 Decided May 14, 2015 ¡¼Damages, etc. and Receivables¡½ [full Text]
Summary
[1] Regulatory intent of Article 9 of the former Electronic Financial Transactions Act / Meaning of ¡°accident¡± in which a financial institution or electronic financial business operator shall be liable for damages pursuant to Article 9(1) of the former Electronic Financial Transactions Act; in cases where an electronic financial transaction takes place as intended based on a user¡¯s transaction request, whether the said transaction constitutes an ¡°accident¡± (negative in principle)
[2] Where the Plaintiff, while trading in futures and options through the HTS operated by the Defendant Company, was unable to place orders to sell put options due to shortage of cash amount to place orders, but when the order went through due to a system error, the Plaintiff concluded several put option sales contracts by placing sell orders, the case holding that the aforementioned contract conclusion does not constitute an ¡°accident¡± prescribed in Article 9, etc. of the former Electronic Financial Transactions Act
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