logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.27 2016가단805809
주권인도청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts are as follows: (a) Defendant D was working for F Co., Ltd. (hereinafter “F”); (b) Defendant E entered into a stock option agreement with F on February 15, 2012 with respect to each of the registered ordinary shares of F with respect to 30,000 shares; and (c) thereafter, Plaintiff A was granted stock option; (d) Plaintiff B was employed for each of F on September 1, 2013; and (e) Plaintiff C was employed for each of F on August 26, 2013; or (e) Plaintiff C was not in dispute between the parties concerned; or (e) the purport of the entire pleadings appears to be acceptable in the evidence stated in subparagraphs 1, 2, 4-1, 2, and 5.

2. The assertion and judgment

A. At the time when the Plaintiff’s assertion F entered into a stock option agreement with the Defendants, the Plaintiffs were to enter F, and F promised to grant the stock options to the Plaintiffs.

However, at the time of entry of the plaintiffs, it is unclear at the time when the plaintiffs are employed, and there is a possibility that the stock options which are promised to oppose other shareholders would not be granted if the value of the F shares is high at the time of entry of the plaintiffs, F grants the stock options to the defendants, and granted them all the stock options which are promised

This is a contract concluded between F and the Defendants for a third party for the Plaintiffs. The Defendants agreed to or agreed to the agreement, and agreed to sell shares in excess of the number of shares guaranteed to the Defendants, among the shares purchased by the Defendants based on the stock options granted to the Defendants, to the Plaintiffs upon their request, if the Plaintiffs so request.

The plaintiffs filed a claim against the defendants for the sale of each share stated in the purport of the claim pursuant to the above agreement, so the defendants shall make a purchase price from the plaintiffs as stated in the purport of the claim.

arrow