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(영문) 서울동부지방법원 2015.06.12 2014나7577
손해배상(기)
Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons for the court’s explanation of the instant case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following determination to the corresponding part, as to the new argument in the trial of the Plaintiff and Defendant B, and therefore, it shall be cited as it is by the main text of Article 420 of the Civil Procedure

2. Additional matters to be determined;

A. (1) Determination as to the Plaintiff’s assertion (1) there is a false statement or indication as to a material fact in the 47 half-yearly report (from January 1, 2012 to September 30, 2012 of the business year) as well as the 47 half-yearly report (from January 1, 2012 to June 30, 2012 of the business year) of the Plaintiff’s 47 half-yearly report. Defendant B was in office as D’s internal director at the time of the submission of the 47 half-yearly report. As such, B is liable for the 47 half-yearly report under Article 162(1) of the Financial Investment Services and Capital Markets Act.

(2) Article 162(1)1 of the Capital Markets Act provides that “If a person who acquired or disposed of securities issued by a corporation obligated to submit a business report, etc. due to a false description or representation of a material fact in the business report, semiannual report, etc., or an omission of a description or representation of a material fact therein, the person who submitted the business report, etc., and a director of the corporation obligated to submit the business report at the time of submission, shall be liable for damages therefrom.”

The fact that Defendant B assumed office as a director of D on August 29, 2012 and thereafter held office as an inside director is without dispute between the parties, and according to the evidence Nos. 20 and 22, Defendant C, etc. submitted to the Korea Exchange on August 13, 2012 a half-yearly report of 47 days to the Financial Services Commission. On October 5, 2012, Defendant B, after taking office, submitted the 47 half-yearly report to the Korea Exchange. On October 5, 2012, the 45 half-yearly financial statements of the above half-yearly report were drafted as the Korean International Financial Reporting Standards (K-IFRS).

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