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(영문) 서울고등법원 2016.04.29 2014나2010982
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant G, I, and the part against Plaintiff N and D’s damage compensation table in the attached Table 8 of the damage compensation table.

Reasons

1. Of the judgment of the court of first instance, with respect to the part concerning the claim for damages concerning subordinated bonds purchased in the route other than the issuing market (the part corresponding to the "original bonds" in the attached Table 8) as the plaintiffs in the attached Table 1 list of the purport of appeal No. 5, the plaintiffs in the attached Table No. 2 list of the appeal No. 6 and the attached Table No. 7-3 list of the appeal No. 7-2, each of the plaintiffs in the "Plaintiff" in the attached Table No. 6-2 list against Defendant K Accounting Corporation, L, K Accounting Corporation, L, and M, respectively, and the remaining parties did not appeal the part against them.

Therefore, the scope of the judgment of this court is limited to the claims of the plaintiffs against the defendant G, I, K accounting corporation, L, and M, and the claims against the plaintiffs N and AD' defendant B, C, D, F, E, H, H, and J, which are the plaintiffs in the list of the purport of the appeal No. 5.1.

2. Basic facts

A. The second subordinated bonds issued 1) S is the second non-guaranteed subordinate bonds (interest rate of 8.5%, maturity of 8.5%, September 6, 2014, and March 6, 2009; hereinafter “second subordinated bonds”) equivalent to KRW 75 million on March 6, 2009.

(2) The registration statement submitted by S to the Financial Services Commission on February 16, 2009 is accompanied by a statement of confirmation signed by Defendant C, the representative director in charge of reporting, Defendant J, the director in charge of reporting, the financial statements for the first half year (from July 1, 2007 to June 30, 2008) (from July 1, 2007 to June 30, 2008), the financial statements for the first half year (from July 1, 2008 to December 31, 2008), the audit report for the 10-year financial statements prepared and submitted by Defendant K Accounting Corporation, the external auditor, on July 23, 2008.

3 The above registration statement contains the following descriptions for the financial status of S, and the contents of the 10th financial statements are the same as those stated in the above audit report:

In the above audit report, Defendant K Accounting Corporation has properly indicated the 10th financial statements from an important point of view in accordance with accounting standards.

The total assets for the net income per se.

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