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(영문) 서울중앙지방법원 2017.09.22 2015가합566427

사해행위취소

Text

1. Of the instant lawsuits, the Plaintiffs’ primary claims against Defendant A Co., Ltd. except the Plaintiffs C and D.

Reasons

1. Basic facts

A. 1) The Plaintiffs are Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) E, F, and G (hereinafter “E, etc.”) shall be the representative director of Defendant A, directors, and former shareholders, who are in charge of the window dressing accounting of Defendant A, and who are publicly announced the business report, financial statements, etc. containing false information by reliance on the financial statements, business report, etc. prepared by Defendant A in a false manner.

3) Defendant B corporation (hereinafter “Defendant B”)

(B) At the present time, Defendant A purchased the shares issued by Defendant A from E, etc., and Defendant A received a free contribution from Defendant A, etc. In preparing for listing, Defendant A used the cost incurred from the construction project that was anticipated to incur loss from around 2007 to the other construction project, thereby falsely distributing the cost of the construction project differently from the fact. From around that time to the end of the first half of 2011, Defendant A drafted a false financial statement with the total capital, total liabilities, sales, and net income excessively or underestimatedly allocated the cost of the construction project.

2) Defendant A’s business report, half-yearly report, and quarterly report (hereinafter “instant business report, etc.”) containing the aforementioned false financial statements from May 15, 2009 to August 16, 201, based on the aforementioned false financial statements.

made and submitted to the Financial Services Commission and I.

The details of the instant business report, etc. are as follows:

The 1st quarter of the 9th quarter from January 1, 2009 to March 31, 2009 from May 15, 2009 to June 30, 2009 from January 1, 2009 to June 30, 2009, the 9th quarter of August 3, 2009 from January 1, 2009 to June 30, 2009 from January 1, 2009 to September 30, 2009. < Amended by Presidential Decree No. 21814, Nov. 4, 2009>