15. | Contingent Liabilities and Commitments |
(a) | Legal Proceedings |
Delaware Display Group LLC and Innovative Display Technologies LLC (“DDG” and “IDT”)
In December 2013, Delaware Display Group LLC and Innovative Display Technologies LLC filed a patent infringement case (“First Case”) against the Controlling Company and LG Display America, Inc. in the United States District Court for the District of Delaware and “DDG” and “IDT” filed a new patent infringement case against the Controlling Company and LG Display America, Inc. over the three patents that were dismissed without prejudice from the First Case in December 2015. Additionally, in August 2016, Innovative Display Technologies LLC filed a new patent infringement case against the Controlling Company and LG Display America, Inc. in the United States District Court for the Eastern District of Texas with respect to two new patents. In March 2017, the parties reached settlements in principle through mediation. In April 2017, the parties filed a stipulation of dismissal and amicably settled all claims asserted in the above-mentioned patent litigations.
Surpass Tech Innovation LLC
In March 2014, Surpass Tech Innovation LLC filed a complaint in the United States District Court for the District of Delaware against the Controlling Company and LG Display America, Inc. for alleged patent infringement. In April 2017, the case was terminated pursuant to a stipulation of dismissal filed by Surpass Tech Innovation LLC.
Anti-trust litigations
Argos Limited and affiliated companies (“Argos”) filed a Notice of Claim against the Controlling Company and LG Display Taiwan Co., Ltd. in the High Court of Justice in London alleging infringement of Treaty on the Functioning of the European Union and Agreement on the European Economic Area. Prior to Argos’ filing of Particulars of Claim and service, the Controlling Company and LG Display Taiwan Co., Ltd. reached a settlement in principle with Argos in December 2017. The parties expect to execute a settlement agreement in early 2018.
Others
The Group is defending against various claims in addition to pending proceedings described above. The Group does not have a present obligation for these matters and has not recognized any provision at December 31, 2017.
(b) | Commitments |
Factoring and securitization of accounts receivable
The Controlling Company has agreements with Korea Development Bank
and several other banks for accounts receivable sales negotiating
facilities of up to an aggregate of USD 1,743 million
(1,867,964 million) in
connection with the Controlling Company’s export sales
transactions with its subsidiaries. As of December 31, 2017,
no short-term borrowings were outstanding in connection with these
agreements. In connection with all of the contracts mentioned
above, the Controlling Company has sold its accounts receivable
with recourse.W
The Controlling Company and oversea subsidiaries entered into agreements with financial institutions for accounts receivables sales negotiating facilities. The respective maximum amount of accounts receivables sales and the amount of sold accounts receivables before maturity by contract are as follows:
(In millions of USD and KRW) |
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Classification |
Financial institutions |
Maximum | Not yet due | |||||||||||||||
Contractual amount |
KRW equivalent |
Contractual amount |
KRW equivalent |
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Controlling Company |
Shinhan Bank |
KRW | 90,000 | 90,000 | — | — | ||||||||||||
Sumitomo Mitsui Banking Corporation |
USD | 20 | 21,428 | — | — | |||||||||||||
Bank of Tokyo-Mitsubishi UFJ |
USD | 70 | 74,998 | — | — | |||||||||||||
BNP Paribas |
USD | 150 | 160,710 | — | — | |||||||||||||
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USD | 240 | — | — | |||||||||||||||
KRW | 90,000 | 347,136 | — | — | ||||||||||||||
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Subsidiaries |
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LG Display Singapore Pte. Ltd. |
Standard Chartered Bank |
USD | 300 | 321,420 | — | — | ||||||||||||
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LG Display Taiwan Co., Ltd. |
BNP Paribas |
USD | 82 | 87,855 | — | — | ||||||||||||
Hongkong & Shanghai Banking Corp. |
USD | 60 | 64,284 | — | — | |||||||||||||
Taishin International Bank |
USD | 280 | 299,992 | — | — | |||||||||||||
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LG Display Germany GmbH |
Citibank |
USD | 160 | 171,424 | — | — | ||||||||||||
BNP Paribas |
USD | 75 | 80,355 | — | — | |||||||||||||
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LG Display America, Inc. |
Hongkong & Shanghai Banking Corp. |
USD | 400 | 428,560 | — | — | ||||||||||||
Standard Chartered Bank |
USD | 400 | 428,560 | — | — | |||||||||||||
Sumitomo Mitsui Banking Corporation |
USD | 250 | 267,850 | — | — | |||||||||||||
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LG Display Japan Co., Ltd. |
Sumitomo Mitsui Banking Corporation |
USD | 90 | 96,426 | — | — | ||||||||||||
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LG Display Guangzhou Trading Co., Ltd. |
Industrial and Commercial Bank of China |
USD | 64 | 68,570 | — | — | ||||||||||||
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USD | 2,161 | 2,315,296 | — | — | ||||||||||||||
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USD | 2,401 | 2,662,432 | — | — | ||||||||||||||
KRW | 90,000 | — | ||||||||||||||||
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In connection with all of the contracts in the above table, the Controlling Company has sold its accounts receivable without recourse.
Letters of credit
As of December 31, 2017, the Controlling Company has
agreements in relation to the opening of letters of credit up to
USD 30 million (32,142
million) with KEB Hana Bank, USD 80 million
(W85,712 million) with Bank of
China and USD 50 million
(W53,570 million) with Sumitomo
Mitsui Banking Corporation.W
Payment guarantees
The Controlling Company obtained payment guarantees amounting to
USD 900 million (964,260
million) from KEB Hana Bank and others for advance received related
to the long-term supply agreements and USD 8.5 million
(W9,107 million) from Shinhan
Bank for value added tax payments in Poland.W
LG Display (China) Co., Ltd. and other subsidiaries are provided
with payment guarantees from the Bank of China and other various
banks amounting to CNY 3,550 million
(580,958 million), JPY
700 million (W6,644
million), USD 0.5 million
(W536 million), EUR
2.5 million (W3,198
million), PLN 0.2 million
(W61 million) and VND
40,992 million (W1,935
million), respectively, for their local tax payments and utility
payments.W
Credit facility
LG Display Vietnam Co., Ltd. and other subsidiary have entered into
long-term credit facility agreements of up to USD 550 million
(589,270 million) with Sumitomo
Mitsui Banking Corporation and other various banks and borrowings
as of December 31, 2017 amount to USD 495 million
(W530,343 million).W
License agreements
As of December 31, 2017, in relation to its LCD business, the Group has technical license agreements with Hitachi Display, Ltd. and others and has a trademark license agreement with LG Corp.
Long-term supply agreement
As of December 31, 2017, in connection with long-term supply agreements with
customers, the Controlling Company recognized USD 900 million
(964,260 million) in advances
received. The advances received will be offset against outstanding
accounts receivable balances after a given period of time, as well
as those arising from the supply of products thereafter. The
Controlling Company received payment guarantees amounting to USD
900 million (W964,260
million) from KEB Hana Bank and other various banks relating to
advance received.W
Pledged Assets
Regarding the secured bank borrowing amounting to USD
300 million (320,797
million) and CNY 1,964 million
(W321,376 million) from China
Construction Bank, as of December 31, 2017, the Group provided
its property, plant and equipment and others with carrying amount
of W303,324 million as
pledged assets.W