1. The part of the judgment of the first instance is revoked.

2. Cases falling under the above part of the revocation.

1. Basic facts

A. K Co., Ltd. (hereinafter “K”) is a company that engages in the development and sales services of smart cards and terminals, and the Plaintiff is a company that engages in software development and supply business.

B. The co-defendant B of the trial before remanded the case, the representative director of K, the co-defendant C, F, Defendant D, and E of the trial after remanded the case, and the directors, Defendant G, and H of K were K outside directors, Defendant I, and J were K’s auditors.

Meanwhile, Defendant D, E, G, H, I, and J (hereinafter “Defendants”) engaged in the other primary occupation as each non-standing director, outside director, or non-standing auditor.

C. On February 24, 2010, the court of first instance did not state the fact that K provided security and payment guarantee, such as lease deposit, in the financial statements attached to the business report in 2008 and the quarterly report in 2009, and around May 2009, the Plaintiff entered the claim for the refund of lease deposit, in the item of the asset of K without stating such fact in the first half report in 2009, even though it transferred the claim for the refund of lease deposit to a third party, and entered the claim already transferred to a third party in the item of the asset of K. This constitutes “a case where the Plaintiff made a false statement concerning material facts in the attached documents, such as business report, or failed to state material facts.” Accordingly, at the time of the submission of the above business report, etc., the joint Defendant B of the trial prior to the remand, the co-defendant C, the Defendant C, and the Defendants should compensate the Plaintiff for damages caused by the de-listing shares acquired by K.”

K did not contain the defendants' address in the certificate of corporate registration. The plaintiff entered the defendants' address in the complaint as "Seoul Gangnam-gu Obuilding Co., Ltd., Ltd., which is the seat of K's main office."

Accordingly, the court of first instance delivered a copy of the complaint against the defendants to the above place on March 11, 2010.