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(영문) 서울행정법원 2018.07.12 2017구합86859
종합소득세부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b)the necessary arrangements shall be made as follows:

Article 1 [Types and Number of Shares to be Issued by A] The shares to be delivered by A for the exercise of options shall be 50,000 registered ordinary shares issued by A.

Article 2 (Method of Granting Right of Option) B When exercising Right of Option, A shall issue the shares referred to in paragraph (1).

Article 4 [Exercise Price] The amount per share to be paid to A in exercising the option (hereinafter referred to as "exercise Price") shall be KRW 8,000.

Article 5 [Adjustment of Exercise Price and Number of Shares to be Granted] (1) If, after the date of grant of option, A changes in the matters of capital or issuance of shares before the date of exercise of the option, before the date of exercise of the option, A shall adjust the number of shares to be granted under Article 1

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)*1 issue value per share] / [market value] / (number of new shares issued) (number of new shares issued)

2. In cases of share split: The exercising price shall be reduced at a rate equal to that of the par value divided, and the number of shares to be delivered shall be reduced by the calendar of the par value divided;

3. In cases of consolidating stocks: The exercise price shall be increased at the rate equivalent to the consolidation ratio of par value, and the number of shares to be delivered shall be reduced by the calendar 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 rate as that of the total number of stocks issued to be issued, and the exercising price shall be adjusted in

Provided, That the value of an exercise after adjustment shall not be less than the value calculated by applying mutatis mutandis Article 36-8 (1) of the Enforcement Rule of the Securities and Exchange

The value of exercise after adjustment = the value of exercise before adjustment* [(the number of existing shares - the number of decrease)*1 share refund value per share]/ market value]/ (the number of existing shares issued - the number of decreased shares).

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