손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The Financial Investment Services and Capital Markets Act, among the main claims of the instant lawsuit.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
2. Judgment as to the main claim
A. The court's explanation on this part of the plaintiff's assertion is based on the ground of the judgment of the court of first instance.
Since the part of the claim is the same as the entry in the court of first instance (as from No. 5, No. 14, No. 6, and No. 13), it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.
(1) The following persons shall be liable for damages sustained by any purchaser of securities due to a false description or representation of a material fact in a registration statement (including a corrective registration statement and accompanying documents; hereafter the same shall apply in this Article) and an investment prospectus (including a preliminary investment prospectus and a short-form investment prospectus; hereafter the same shall apply in this Article) or an omission of a description or representation of a material fact therein:
Provided, That if a person who shall be held liable for compensation proves that he was unable to know it even though he exercised due care, or if the person who acquired the securities knows the fact at the time he made an offer to acquire it, he shall not be held liable for it.
4. A person who consented to the descriptions of his/her statement of evaluation, analysis, or verification in the descriptions of the registration statement or the accompanying documents and confirms such descriptions therein. (1) A person who makes a false statement or representation of a material fact in the business report, half-yearly report, quarterly report, or material fact report under Article 159 (1) (hereinafter referred to as "business report, etc.") and the accompanying documents (excluding the audit report prepared by an accounting auditor), or fails to state or indicate a material fact therein, shall be related to the securities issued by a corporation obligated to submit the business report;