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(영문) 서울남부지방법원 2014.02.07 2012가합102378
손해배상(기)
Text

1. The Defendant: 11,887,050 won to Plaintiff A; 83,845,232 won to Plaintiff B; 46,216,440 won to Plaintiff C; and 100 won to Plaintiff D.

Reasons

1. Basic facts

A. The Defendant Company is a company established on February 16, 2001 and established on April 30, 2009 (hereinafter “Korea Exchange”) as a company engaging in boiler manufacturing business, etc.

2) The Plaintiffs are those in the family relationship of the Plaintiff A and the mother of Plaintiff D, and those who have acquired the Defendant Company’s shares as shown in attached Form 1, as those listed in the KOSDAQ market. (2) The Plaintiffs are those in the family relationship of the Plaintiff A.

(The plaintiff only holds 2,009 shares of the defendant company, and the remaining plaintiffs sold all the shares of the defendant company). (B)

In order to meet the requirements for listing on the KOSDAQ, the Defendant Company: (a) replaced the cost incurred from the construction project that was anticipated to incur a loss from around 2007 to another construction project; and (b) fabricated the sales and net income by distributing the cost differently from the fact; (c) around that time, the Defendant Company prepared the false financial statements that the total capital, total total liabilities, sales, and net income was excessively or insufficiently appropriated through the window dressing accounting (hereinafter “instant window dressing accounting”); and (d) on the basis of such false financial statements that were listed on the KOSDAQ market on April 30, 2009, the Defendant Company prepared and published the annual business report, semiannual report, and quarterly report (hereinafter “instant annual business report, etc.”) stating false statements from May 15, 2009 to August 16, 201.

3) The main contents of the false descriptions of the instant business report, etc. are as follows: The actual amount of the annual average accounts (the total capital of 2008 22,310,151,457,511,847,4915,798,303,966,378,469,2115,962,242,01-242,011-6,583,772,800 sales 83,464,096,4509,175,413,4189,283,083,083,0032,032,032,042,45,962,467,967,964,67,698,6369,67,968,64,67,967,296,968,64,297

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