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Annual Report 2004 [PDF/1.1MB]

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15. LITIGATION<br />

The "Royal Palm Resort" in Guam, which was developed by Kawasho International (Guam), Inc. (hereinafter referred to as "KIG"),<br />

suffered extensive damage due to an earthquake on August 8, 1993. Since defects in design and construction were found<br />

after a thorough investigation of the cause of the collapse of the building, the Company, KIG and other unit owners initiated a<br />

lawsuit in Guam claiming damages (of more than $135 million) against the general constructors Mitsui Construction Co., Ltd.,<br />

Ssang Yong Engineering and Construction Company (Korea) and other parties concerned.<br />

On December 24, 2002 the Company settled with Mitsui Construction Co., Ltd. and Ssang Yong Engineering and Construction<br />

Company on the condition that they pay compensation of $59 million. Consequently, the Company has reversed the allowance<br />

for doubtful receivables of ¥1,070 million for the year ended March 31, 2003. This reversal has been reflected in the<br />

consolidated statement of operations for the year ended March 31, 2003 as a component of other income - gain on reversal of<br />

allowance for doubtful receivables of ¥1,144 million.<br />

16. SUBSEQUENT EVENTS<br />

(1) Sale of aerospace business<br />

Effective June 1, <strong>2004</strong>, the Company sold aerospace business operated by the Company and Kawasho International (U.S.A.)<br />

Inc. to Japan Aerospace Corporation, a wholly-owned subsidiary of ITOCHU Corporation. The Company decided on this sale as<br />

a step in choosing the type of business to be operated and concentrating the Company's resources on the businesses chosen<br />

in preparation for a future management integration and reorganization with NKK Trading Inc. The related assets and liabilities as<br />

of March 31, <strong>2004</strong> and sales for the year then ended were as follows:<br />

Assets<br />

Liabilities<br />

Sales<br />

Millions of yen<br />

¥ 17,858<br />

11,848<br />

21,177<br />

Thousands of<br />

U.S. dollars<br />

$ 168,966<br />

112,101<br />

200,369<br />

The Company anticipates gain on sale of aerospace business of approximately ¥1,600 million ($15,139 thousand) on a consolidated<br />

basis and approximately ¥2,000 million ($18,923 thousand) on a non-consolidated basis as a component of other<br />

income for the year ending March 31, 2005.<br />

(2) Disposition of retained-earnings deficit<br />

The following disposition of retained-earnings deficit of the Company, which has not been reflected in the accompanying consolidated<br />

financial statements for the year ended March 31, <strong>2004</strong>, was approved at a general meeting of the Company's shareholders<br />

held on June 18, <strong>2004</strong>:<br />

Undisposed retained-earnings deficit<br />

Reversal of additional paid-in capital<br />

Retained-earnings deficit to be carried forward<br />

Millions of yen<br />

¥ 17,905<br />

17,905<br />

¥ <br />

Thousands of<br />

U.S. dollars<br />

$ 169,411<br />

169,411<br />

$ <br />

56

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