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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
Reasons
1. Facts of recognition;
A. The Defendant Company is a company that runs the boiler manufacturing business, etc. and is listed on the KOSDAQ market operated by the Korea Exchange (hereinafter “Korea Exchange”) established on February 16, 2001 and April 30, 2009.
B. The Plaintiff traded the Defendant Company’s shares in the KOSDAQ market as listed below.
The selling price of the purchase price for the quantity on the date of purchase 201-727 329 25,150 won 8,274,350 won 201-8221,800 won 23,580,200 won 23,580,200 won 201-824,600 won 201-22724,650 won 6,704,700 won 201-8224,650,650 won 6,704,800 won 201-8-9 300,850 won 6,25,005,00 won 201-8,25,201-25, 205, 2015, 208-16, 205, 207, 201-4, 2005 won
C. In order to meet the requirements for listing on KOSDAQ, the Defendant Company: (a) operated the sales amount and net income by replacing the cost incurred from the construction project that was anticipated to incur a loss from around 2007 with another construction project; and (b) by falsely distributing the cost of the construction project differently from the fact; and (c) prepared a false financial statement that the total amount of capital, total amount of liabilities, sales amount, and net income was excessively or insufficiently appropriated during the half year from
(hereinafter “instant window dressing accounting”). The Defendant Company, based on this, prepared and published the annual business report, semi-annual business report, and quarterly business report (hereinafter “instant business report, etc.”) stating false information from May 15, 2009 to August 16, 201, since its listing on the KOSDAQ market on April 30, 209.
The Korea Exchange, where the window dressing accounting theory for the defendant company was under way for the acquisition of the defendant company of Samsung Heavy Industries Co., Ltd (hereinafter "Ssung Heavy Industries"), around the first half of 201, has suspended trading of the defendant company's shares on September 6, 201 and held a delisting review committee on December 7, 201.