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(영문) 의정부지방법원 고양지원 2018.01.12 2017가합71355
주권인도 등
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 31, 2017 to January 12, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a listed company that issued stocks listed on the securities market under the Financial Investment Services and Capital Markets Act, and is engaged in the display and semiconductor equipment business.

B. On February 23, 2015, the Plaintiff joined the Defendant, and from March 25, 2016, the Plaintiff was appointed as the Defendant’s intra-company director, and was in office as a managing director in the business planning sector.

On March 31, 2015, the Plaintiff entered into a stock option contract with the Defendant (hereinafter “instant stock option”) with the following terms and conditions. The Defendant held a general meeting of shareholders on the same day and held 3,815 won per share for granting the said stock option (the number of stock options granted / [number of stock options] Article 2 / [the period for exercising stock options and conditions for exercising stock options] Article 3 / [the period for exercising stock options] of 10,000 common shares]

1. The period for exercising the Plaintiff’s stock option shall be from April 1, 2017 to March 31, 2020; however, during the period from April 1, 2017 to March 31, 202, the Plaintiff may exercise the stock option of 10,000 won on the basis of the closing price at a single occasion even during the period from March 31, 2018; and where the Plaintiff fails to hold a 10,000 won on the basis of the closing price during the period from April 1, 2018 to March 31, 2020, it may exercise the stock option of 20,000 won on the basis of the closing price at a single occasion at a price granted.

2. The Plaintiff must be in office as of the date of exercising the stock option.

Provided, That where the plaintiff retires from office due to death or expiration of term, the stock option may be exercised during the period of exercise, and where the plaintiff dies, the plaintiff's heir may exercise the stock option.

Article 4 (Methods and Procedures for Exercising Stock Options)

1. The plaintiff who intends to exercise the stock option shall file an application for exercising the stock option with the defendant, stating the contents of the rights to exercise, such as the number of stocks and the deadline.

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