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(영문) 서울중앙지방법원 2017.12.14 2017가합533193

위약벌금 청구권

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a parent company with the objective of corporate management consultation and management consulting business, which is a stock company with 1,645,448 shares and convertible bonds convertible into 2,212,389 shares of common shares issued by B (hereinafter “subject company”).

The target company is a corporation with the purpose of manufacturing electronic parts, images, sound, and communication equipment, and it was listed on the KOSDAQ, and the defendant is a corporation with the purpose of developing, manufacturing, and selling electronic equipment and parts.

B. Receiving the notification of delisting and concluding a performance agreement between the Plaintiff and the Defendant of the subject company (i) On March 23, 2017, the subject company is a third-party accounting firm responsible for audit of its external accounts (hereinafter “third-party”).

A) On December 31, 2016, an audit report stating that no opinion is presented with respect to the financial statements of a company subject to review as of December 31, 2016 on the following grounds (hereinafter “instant audit report”).

A) The audit report was received and published on the same day. The audit report of this case states that the target company guarantees the guarantee limit of 11.72 billion won for reverse general loans to the new bank of Yuyang Yang LLC, the guarantee limit of 11.7 billion won, and as of the end of the current year, the litigation case in the course of mooring is 15 cases, including retirement pay claims, but the subject company has stated that the amount of litigation is 2.91 billion won, but the subject company has not appropriated this part in its financial statements (hereinafter the above payment guarantee and lawsuit referred to as "instant contingent liabilities").

. A company subject to uncertainty of the continued enterprise’s home is the company whose operating loss in the fiscal year ending on December 31, 2016 is KRW 15,851 million and its net loss in the current fiscal year is KRW 54,527 million.

In addition, as of that date, current liabilities exceed 4,955 million won of current assets, and the total liabilities are close to the total assets.