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(영문) 서울중앙지방법원 2017.02.09 2015가합20730
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

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

(2) The Defendant Samil Accounting Corporation is an accounting corporation that conducted the external audit of B from 2008 to 2011. The Defendant Korea Exchange is a corporation incorporated under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) in order to promote the fair formation of prices of securities and exchange-traded derivatives, the trade thereof, and other transaction stability and efficiency, and Defendant A is the representative director of Defendant B.

B. C Hospital construction contracts and acquisition of contracts, etc. 1) D (hereinafter “D”).

(C) on September 14, 2006, the Health Center E and C with a scale of 300 sickbeds in each of the Ministry of Health and Welfare (hereinafter referred to as the “C hospital”).

(2) On October 8, 2007, the contract was concluded to construct 89 million US dollars with the approval of the Minister of Health and Welfare, and the contract was entered into with D on October 8, 2007 by converting the above contract into USD 5 million.00,000,000,000 for E-Health Department of the Kud Government on October 10, 2007.

3) On January 22, 2009 and February 2, 2009, D was remitted USD 1,9580,000,000 from the parts of natural resources of the Kudddd Government. (c) The Securities and Futures Commission (the Securities and Futures Commission’s supervisory measure 1) on May 9, 2012 with respect to “i.e., over-paid sales claims: over-paid sales claims” collected most of the proceeds relating to construction works from the Kud Government, but failed to account, thereby making up for the over-paid sales claims, ② under-paid payment; ② under-paid advance payment: failure to receive and account the advance payment in relation to the Kuddddd C Hospital in 209 (hereinafter “instant advance payment”). However, it did not receive the advance payment in 209, and thus making up for the insufficient amount of advance payment, ③ false entry in public offering documents, and submission of false subscription data for a period of 12 months.”

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