주식매수선택권 취소 무효 확인 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reason why the court states this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion and judgment
A. The plaintiff's assertion that the disciplinary action in this case was conducted with the purpose of revoking the plaintiff's stock option although there is no ground for disciplinary action against the plaintiff, while the grounds alleged by the defendant are relatively minor, the plaintiff's stock option deprived of the defendant's disciplinary action reaches one billion won, which is unlawful as abuse of personnel rights. Thus, the disciplinary action in this case is unlawful, and the notice of cancellation of the stock option based on the disciplinary action in this case and the notice of cancellation of the stock option based on this action are all null and void, and the defendant is obliged to deliver the
As to this, the Defendant asserts that the revocation of granting stock options on the ground of the instant disciplinary action is legitimate, since the Plaintiff’s failure as the head of the team and the general manager of the instant game caused a significant loss to the Defendant due to the failure of the game of this case, received the lowest class D in the personnel evaluation in 2013, and caused interference with other employees’ work because the working attitude is not significantly good, etc., and the instant disciplinary action is justifiable, as it does not violate a disciplinary disposition or equity.
B. The court's explanation on the existence of the grounds for disciplinary action is identical to the statement from 9th to 13th 7th 7th tier among the judgment of the first instance. Thus, the court's explanation on this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
C. When a disciplinary measure is taken against a person subject to the judgment on the invalidity of a disciplinary measure, what kind of measure should be taken is left to the discretion of the person having authority over disciplinary action, provided that the disciplinary measure is taken.