The study points out the lack of rationality of the KIKO contracts in the Supreme Court’s decision surrounding Article 104 of the Korean Civil Code. This study also explains, in regards to Article 109, despite the arguments that the banks have sold KIKO contracts as means of hedging and the buyers of the contracts intended to hedge foreign currency risk, why buyers of the contracts sustained tremendous loss. This study aims to look into the application of Article 104 and 109 of the Korean Civil Code as well as the cause of the social phenomenon by going over the history and fundamentals of option contracts and more specifically specifications and the structure of the KIKO contracts.
Ⅰ. 서론
Ⅱ. KIKO 계약의 구조 및 특징
Ⅲ. 민법 제104조와의 관계- 불공정성 판단기준의 보완점을 중심으로 -
Ⅳ. 민법 제109조와의 관계-착오 적용의 가능성을 중심으로 -
Ⅴ. 결론
참고문헌