주식인도 청구의 소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Defendant Company listed stock certificates to the KOSDAQ on December 27, 2013, as a company engaging in software advisory development and supply business, online information production business, etc.
B. On September 19, 2007, the Defendant Company concluded each Stockholm option agreement (hereinafter “each of the instant contracts”) between the Plaintiffs and the Defendant Company, upon exercising the stock option at the time desired by the Plaintiffs, that the Defendant Company would issue and sell common shares according to the terms and conditions agreed in advance.
The contents of each of the instant contracts entered into between the plaintiffs and the defendant company are as follows, and the number of common shares subject to the exercise of stock option is 40,000 shares in the case of the plaintiff A, and when the plaintiffs of Article 2 (Method of Granting Right of Option) exercise their option, the defendant company shall issue the shares.
Article 4 (Exercise Price) When the plaintiffs exercise their right of choice, the amount per share to be paid to the defendant company (hereinafter referred to as "exercise Price") shall be 2,500 won.
Article 5 (Adjustment of Value of Exercise and Number of Shares Granted) (1) If, after the date of grant of option, the defendant company changes matters concerning capital or issuance of shares before the date of exercise of the option, the number of shares to be delivered under Article 1 or the exercise price under Article 4 shall be adjusted as follows:
1. Where reserve funds are transferred into capital: The exercise price shall be adjusted as follows:
The exercise price after adjustment = the exercise price before adjustment 】 the number of new shares issued 】 the number of new shares issued 】 the issue price per each stock / the number of new shares issued / the market price.
2. In a case of share split: The exercising price shall be reduced to the rate equal to that of the par value divided, and the number of shares to be delivered shall be increased to the calendar of the par value divided; and
3. In cases of consolidating stocks: The exercise price shall increase at the rate equal to the combined ratio of par value.