logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.26 2014가단5332083
손해배상(기)
Text

1. Of the instant lawsuit, the lawsuit filed under the name of Plaintiff J and the remaining plaintiffs are Defendant Bankrupt Co., Ltd.

Reasons

1. Basic facts

A. R Co., Ltd. and T Savings Bank (hereinafter “R”) are financial institutions established under the Mutual Savings Banks Act and mainly engage in the receipt of deposits and installment savings, the lending of funds, etc. The Defendant Financial Supervisory Service is a non-capital special corporation established under the Act on the Establishment, etc. of Financial Services Commission to conduct the inspection and supervision of financial institutions under the direction and supervision of the Financial Services Commission or the Securities and Futures Commission. Defendant Southern Accounting Corporation entered into an external audit agreement with R and prepared an audit report at the 26th and 27th period, and the Plaintiffs are bankruptcy creditors who purchased subordinated bonds issued by R or who have deposit claims against R, and the Plaintiffs are bankruptcy creditors who filed a bankruptcy claim report under the R Bankruptcy Act.

B. Pursuant to Article 22-2(1)3 of the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010); Article 11-3(3)3 of the Enforcement Decree of the same Act; Article 36(2) and Article 38 of the Regulations on Supervision of Business of Mutual Savings Banks; and Article 20 of the Enforcement Rule of the Regulations on Supervision of Mutual Savings Bank Business (amended by Act No. 10175, Mar. 2, 2010), R has to comply with the above Enforcement Rule [Attachment 2]. The above Classification Rule provides that, based on the total claims of a borrower unit, “normal”, “the due diligence,” “the recovery letter,” and “presumed asset soundness” shall be classified into five asset soundness and the allowance for bad debts shall be differentiated according to the aforementioned classification.

However, R, in preparing and disclosing the financial statements of the 26th period (from July 1, 2008 to June 30, 2009), intended to classify the credit balance to be classified into “normal”, “resumed”, “presumed loss”, etc. into “normal”, and “presumed the allowances for bad debts.” Accordingly, R’s net loss of the 26th period of the R was actually underestimated in the amount of KRW 20.3 billion.

arrow