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(영문) 서울고등법원 2016.04.15 2014나2015048
손해배상(기)
Text

1. The Bankruptcy Trustee B, a bankrupt corporation B, among the judgment of the court of first instance, who takes over the lawsuit of the defendant corporation B.

Reasons

1. Of the judgment of the court of first instance, regarding the claim for damages against the plaintiff A, AA, and N in the second subordinated bonds, the plaintiffs listed in the separate appellate brief No. 5-2 list and the separate appellate brief No. 7-3 list as to the part against the defendant K Accounting Corporation, L, and M, respectively, and the part against which they lost

Therefore, the scope of the judgment of this court is limited to the part of the plaintiffs' claims against the defendant B trustee in bankruptcy, H and I, and the part of claims against the plaintiff A, AO, AA, AR, AS, AS, AU, AW, N, the part of claims against the defendant K Accounting Corporation, L and M, and the part of claims against the plaintiff AE, D, E, F, G, and J concerning the second subordinated bonds.

2. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence 1-1 to 13, Gap evidence 2 through 9, 12, and 35:

1) The second subordinated bonds issuance 1) The B Co., Ltd. (hereinafter “B”).

(2) On March 6, 2009, the second-guaranteed-Order Bonds (interest rate of 8.5%, maturity of 8.5%, September 6, 2014, and date of listing, March 6, 2009; hereinafter referred to as “second-class subordinated Bonds”) equivalent to KRW 35 million.

2) On February 16, 2009, the registration statement submitted by B to the Financial Services Commission on February 16, 2009, the document of confirmation of the representative director, etc. signed by Defendant D who is the representative director, Defendant J in charge of reporting (from July 1, 2007 to June 30, 2008), the financial statements of the first quarter of the 40th (from July 1, 2008 to September 30, 2008) (from September 1, 2008 to September 30, 2008), the financial statements of the half-yearly (from July 1, 2008 to December 31, 2008 to the accounting period), the financial statements of the Defendant K Accounting Corporation, an external auditor, and the audit report and consolidated financial statements, respectively, prepared and submitted on July 23, 2008.

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