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(영문) 서울중앙지방법원 2015.05.15 2014가합542295
성공보수금 청구의 소
Text

1. The Defendant’s KRW 484,00,000 as well as the annual rate of KRW 5% from July 2, 2014 to May 15, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant (hereinafter “Korea Exchange”) was established on February 16, 2001 and listed on the KOSDAQ operated by the Korea Exchange Co., Ltd. (hereinafter “Korea Exchange”) on April 30, 2009, as a company with the aim of boiler manufacturing business, etc., and the Plaintiff is qualified as an attorney-at-law and is next to the Defendant.

The Defendant’s representative director at the time of concluding the delegation contract as indicated in paragraph (7). At the time of concluding the said delegation contract, the Defendant’s representative director is D, inside director E, and F. B. The Defendant’s preparation and disclosure of the Defendant’s window dressing accounting and business report, etc. 1) replaced the cost incurred from the construction project that was anticipated to incur loss from around 2007 to another construction project in order to satisfy the requirements for listing on KOSDAQ, and distributed the cost differently from the fact to allocate the cost of the construction project in excess of the sales amount, and made an excessive calculation of the estimated cost

2) The Defendant prepared a false financial statement [including each financial statement for the eight-year business years (from January 1, 2008 to December 31, 2008), nine-year business years (from January 1, 2009 to December 13, 2009) and ten-year business years (from January 1, 2010 to December 31, 2010)] that included the total amount of capital, total amount of liabilities, sales amount, and net income in excess of or under-paid through such divisional accounts during the half-year period from that time to December 31, 2011. Based on such false financial statement, each of the financial statements for the nine-year business years (from January 1, 2010 to December 31, 2010 to the date of the half-yearly business report, May 15, 2009 to August 16, 2011; hereinafter referred to as “the instant annual business report, etc.”).

3) Of the executives and employees of the defendant and the defendant, the representative director D, B, B, B, and H are composed of the instant window dressing accounts around December 2012.

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