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(영문) 서울고등법원 2015.10.29 2015나948
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiffs corresponding to the revoked part shall be against the defendant.

Reasons

1. Basic facts

A. around September 1993, N Co., Ltd. (1) listed its shares on KOSDAQ since December 2001 as a company established for the development, manufacture, and sale of software, etc. Around March 23, 2007, the name of the company around March 23, 2007, and P Co., Ltd (hereinafter “P”) on December 12, 2008, respectively.

(2) Each change was made to the first instance court’s joint Defendant A accounting corporation (hereinafter “A accounting corporation”) is an external auditor who audited the financial statements of P during the 16th fiscal year (from January 1, 2008 to December 31, 2008) as an accounting corporation under Article 23 of the Certified Public Accountant Act.

3) The Plaintiffs are those who owned or acquired P’s shares. (b) After undergoing an audit of the 16th financial statements of P on March 19, 2009, A Accounting Corporation, including the submission of P’s 16th business report, prepared an audit report stating that “The current financial statements are appropriately indicated in terms of importance in accordance with the generally recognized accounting standards in the Republic of Korea, on December 31, 2008, the business performance of P’s fiscal year ending on the same day as the current financial status, losses and capital fluctuations, and cash flows.”

On March 27, 2009, P submitted the 16th annual business report to the Financial Services Commission, and around March 30, 2009, A Accounting Corporation published the 16th annual business report attached to the said audit report.

C. Around February 23, 2010, P’s KOSDAQ KOSDAQ KOSDAQ listing committee abolished P’s KOSDAQ listing on the grounds that “the embezzlement occurred by the former and incumbent executives, etc. of P, and the amount of embezzlement resulted in a considerable financial loss exceeding 5% of its equity capital, and there is no recognition of eligibility for listing as a KOSDAQ-listed company in terms of the continuity, transparency, and soundness of its business management.”

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