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(영문) 서울고등법원 2017.07.07 2016나2076580
약정금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the Defendant: (a) on September 12, 2012, the agreement on the transfer of stock option and the written pledge dated June 19, 2014; and (b) on September 12, 2012, the Defendant is a previous stock company C (hereinafter “instant company”).

(3) The agreement on the transfer of stock options (hereinafter referred to as the “instant agreement”) to the effect that the portion of 30,000 shares of the stock options granted by the Plaintiff is to be transferred to the Plaintiff.

The main contents of the agreement are as follows: (a) the agreement to transfer stock options has been entered into; and (b) the agreement to transfer stock options has been entered into.

1. Transfer of stock options to the Plaintiff on September 12, 2012, the Defendant entered into an agreement on the transfer of options that may be purchased under the conditions set out in this Agreement at KRW 1,980 per share of the instant company’s common share value of KRW 30,000 per share to the Plaintiff.

[12,2012, 2012, 12, 30,00, 100, 500, 1,000, 1,000, 1,980, 1,980, 1,980,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00

2. The transfer procedures and the exercise of stock options shall notify the Defendant of his intent to exercise the stock options for the sale of stocks, and the Defendant shall remit the amount sufficient to exercise the stock options to the bank account designated by the Defendant.

(A) The defendant shall exercise the stock option for the sale of shares, and the full amount of the profit derived from deducting 38 per cent of the relevant taxes imposed on the said exercise from the total amount of the profit shall be designated by the plaintiff.

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