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(영문) 서울고등법원 2016.03.31 2015나2023442
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the parties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

) “A company is established on November 7, 1994, and was listed on the KOSDAQ market on July 10, 2001. 2) Defendant C, D, E, F, G, H, and I have served as Defendant A’s representative director, director, inside director, and outside director during the period from around 2008 to around 2013. The title of the office is 1 C representative director from April 23, 2008 to the end of 2D outside director on April 23, 2008 to March 25, 201, from March 23, 2011 to the end of 2D outside director on April 203 to the end of 203 outside director on April 23, 2008 (the end of 203rd outside director on March 25, 2011 to the end of 3rd director on March 25, 2011 to the end of the inside director on March 25, 2017.

A) An accounting corporation established for the purpose of conducting an accounting audit pursuant to Article 23 of the Certified Public Accountant Act, and Defendant A’s 17 business years (from January 1, 2010 to December 31, 2010; hereinafter the same shall apply).

(ii) the 18th business year (from January 1, 201 to December 31, 201), or the 18th business year; hereinafter the same shall apply.

(4) The Plaintiffs are those who traded Defendant A’s shares in the KOSDAQ market from August 2010 to March 2013.

5) On July 28, 2014, Defendant A was decided to commence rehabilitation proceedings as Suwon District Court 2014 Ma42, and Defendant A’s custodian B denied the claim for damages of the instant case reported as rehabilitation claims by the Plaintiffs. On September 24, 2014, the Plaintiffs took over the instant litigation proceedings upon receiving a motion to resume the proceedings on September 24, 2014, and on May 8, 2015, Defendant A again taken over the instant litigation proceedings after the completion of rehabilitation proceedings. (b) Defendant A’s submission of the annual report, etc. by Defendant A and the audit report by Defendant Accounting Corporation 1) on March 31, 201; hereinafter the annual report containing the financial statements for the business year of March 17, 2011.

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