주식매수선택권 취소 무효 확인 청구의 소
1. The Defendant received KRW 6,015,324 from the Plaintiff at the same time, and simultaneously causes the Plaintiff to have the face value of the Defendant’s issuance.
(a)be performed in accordance with the following methods:
delivery upon the occurrence of new shares
(b) Payment of the difference between the exercise price and the market price in cash shall be based on the fair price of stocks calculated as follows:
(hereinafter omitted) Article 3 (Grant Date) The grant date of options shall be December 30, 2012.
Article 3 (Exercise Price) The amount per share to be paid by the Plaintiff to the Defendant in exercising the right of choice (hereinafter referred to as “exercise Price”) shall be KRW 8,000.
Article 5 (Adjustment of Exercise Price and Number of Stocks to be Granted) (1) Where the defendant changes in the matters of capital or issuance of stocks after the date of grant of option before the date of exercise of the option, the number of stocks to be granted 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 value of exercise after adjustment = the value of exercise before adjustment* [number of new shares issued)* the issue value per share] / the value of new shares issued at the market price / the number of new shares issued at the market price.
2. In case of share split: The exercising price shall be reduced at the rate equal to that of the par value divided, and the number of shares to be delivered shall be increased by the calendar of the divided rate of the par value;
3. In cases of consolidating stocks: The exercise price shall increase and the number of stocks to be delivered shall be reduced by the calendars of the consolidation ratio of par value.
4. Where the total number of stocks issued is reduced by reducing capital, retirement of profits, or redemption of stocks: The number of stocks to be issued shall be reduced at the same ratio as that of the total number of stocks issued to be issued, and the exercising price shall be adjusted in
(2) The value of exercise after adjustment = The value of exercise before adjustment = [number of issued stocks - reduction number) * [market value of shareholder refund per share] / market value] / the number of issued stocks - the number of reduced stocks.