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(영문) 서울고등법원 2015.09.11 2014나2046363

손해배상(기)

Text

1.The judgment of the first instance, including the ancillary claim added at the trial, shall be amended as follows:

Reasons

1. Basic facts

A. The party status 1) Defendant A Co., Ltd. (former trade name: B; hereinafter “Defendant Company”).

) The Korea Exchange (hereinafter referred to as the “Korea Exchange”) shall be a company engaged in boiler manufacturing business.

(2) Defendant C, D, E, F, and G (hereinafter referred to as “Defendant executives”) are stock-listed corporations that listed their issuance certificates on April 30, 2009 established by the KOSDAQ market. 2) The period of service of Defendant C, D, E, F, and G (hereinafter referred to as “instant Defendants”) is the following: (a) around February 16, 201; (b) around February 16, 2001; and (c) around June 28, 2012, the representative director D 2D 3 E-3 E on February 10, 204 between February 10, 2004 and June 28, 2012, between directors and directors (technical staff) on June 28, 2012 and June 28, 2012; and (d) the number of outside directors on March 20, 2009 to June 31, 2017.

3) Defendant H Accounting Corporation (hereinafter “Defendant Accounting Corporation”)

(4) The Plaintiff, a corporation established for the purpose of performing the national pension business pursuant to Article 24 of the National Pension Act, entered into a discretionary investment contract with a glass asset management company and a cargo operating company, and entered into a free asset management contract with a glass asset management company, etc. from July 29, 201 to July 13, 2012 through a glass asset management company, etc., to purchase and sell the shares of the Defendant Company, as stated in attached Form 2.

B. The Defendant Company 1 submitted the window dressing accounting and business report, etc. of the Defendant Company: (a) replaced the cost of the construction project expected to incur losses in violation of the accounting standards from around 2007 to August 201 by new construction project; and (b) manipulates the cost of the construction project expected to incur losses into the construction project; and (c) manipulates the construction progress rate by calculating the estimated cost of the construction project.