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(영문) 수원지방법원 2015.01.16 2013가합27322

주식소유권확인등

Text

1. The Plaintiff and the Defendant confirm that the shares listed in the separate sheet are owned by the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status C Co., Ltd. (hereinafter “C”) is a company that was established on December 10, 2003 and engages in the manufacture of semiconductor electric equipment and core parts, and the landscaping of the application surface of semiconductors.

From March 22, 2004, the Defendant continued to serve as C’s representative director.

Around August 23, 2004, the Plaintiff was employed as a director of the technical research institute of C and served as a core human resources of the said company related to the development of technology. During that process, the Plaintiff retired from office on August 10, 2012. From December 15, 2004 to March 31, 2006 and from March 31, 2012 to August 10, 2012, the Plaintiff served as a director of the said company.

B. On February 20, 2012, the Plaintiff and the Defendant agreed with respect to the instant agreement between the Plaintiff and the Defendant’s shares, etc. owned by the Defendant, as follows:

(hereinafter “instant agreement”). The Defendant and the Plaintiff’s shares and the Stockholm options granted to the Plaintiff are agreed as follows for the stabilization of management rights, including the Stockholm options granted to the Plaintiff:

C. Foods

1. On January 29, 2012, shares 1,480, 380,000 shares of the company held by the defendant as of January 29, 201 are recognized as the Plaintiff’s ownership.

When there is a change in shares in the company due to free capital increase or capital reduction, etc. after the date of conclusion of the agreement, the defendant and the plaintiff shall be adjusted as equal to the number of shares of each person.

The defendant and the plaintiff shall decide on the sale of the defendant's shares and the plaintiff's shares under mutual agreement and the sale method at the time of sale to a third party shall be selected from among the following methods:

- The costs of transfer of shares owned by the plaintiff or the person designated by the plaintiff shall be borne by the defendant and the plaintiff for 50% each, respectively.

- When the defendant's shares and the plaintiff's shares are sold to a third party, the amount equivalent to the market price at the time of sale shall be the plaintiff.