Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Basic Facts

F Co., Ltd. (hereinafter referred to as “F”) is a company incorporated on November 22, 2002 for the purpose of the manufacture of semiconductor circuits and the semiconductor business, etc., and E is working as a representative director from the time of its incorporation to the date of its incorporation.

The plaintiff worked as a DNA from the time of its establishment to September 30, 2009, and was registered as an auditor of the above company, and the defendant served as an internal director in charge of finance from around 2004 to May 31, 2012.

Article 18 (Employees' Stockholders) 1 of the Act on the Operation of the F's Employee Shareholder System and the Conclusion of Stock Transfer Restriction Contract is divided into the shareholders of the establishment employee and the shareholders of the general employee.

(2) Where a new employee is a shareholder at the time of establishment of a company, and where an employee shareholder retires, the person who retires from the company shall sell all the shares he/she has acquired to the company at the price calculated by adding legal interest to the par value of the shares.

company may not exercise any right to purchase under section 30 (Resolution of Board of Directors).

(3) Where a general employee enters the Republic of Korea after the incorporation, the number and price of the shares to be granted shall be governed by Article 30.

If a general employee's shareholder retires, the person who retires shall sell to the company all the shares he has acquired to the company at the price added by the statutory interest to the acquisition price of the shares.

A company may not exercise any right to purchase under section 30 (Resolution of Board of Directors).

The F shall operate the employee shareholder system under the purport that executive officers and employees hold the F-issuance Stocks and work with a sense of responsibility after its establishment, and the following provisions were prepared in Article 18 of the Articles of Incorporation:

However, the Commercial Act prohibits a stock company from acquiring its own shares on its own account (Article 341 of the Commercial Act, etc.). Therefore, when an employee shareholder retires from his/her company pursuant to the above articles of incorporation.