logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.23 2014가합527159
주식매수선택권 부존재 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a juristic person established around December 10, 2003 and engaged in the business of manufacturing equipment and core parts of semiconductors, etc., and the Defendant was employed as the head of the Plaintiff Company’s research institute on August 2004 and worked as the core human resources of the Plaintiff Company on the development of technology, and then resigned from the Plaintiff Company’s director on August 10, 2012.

B. On March 23, 2010, the Plaintiff Company entered into a contract with the Defendant to grant a stock option of KRW 115,000 (hereinafter “instant stock option”) as indicated in the separate sheet that allows the Defendant to purchase KRW 2,250 per share (hereinafter “instant stock option”). The part related to the instant case is as follows.

Article 7 (Period of Exercise) (Period of Time) of the Stock Exchange Agreement shall be within 7 years from the date on which 3 years elapsed from the date of grant (from March 23, 2013 to March 23, 2020), and stock options shall be extinguished upon the lapse of that period.

Article 8 (Method and Procedure for Exercise) (1) The defendant shall apply in writing to the plaintiff for exercising stock options at the price at the exercise price prescribed in Article 5 within the period of exercise prescribed in Article 7.

(2) The plaintiff may perform the request under paragraph (1) by the following methods, depending on the plaintiff's circumstances:

The implementation shall be carried out within 20 days from the date of the application.

1. Issuance and delivery of new stocks; and

2. Delivery of treasury stocks; and

3. In cases where the defendant who has been granted a stock option under Article 11 (Grounds for Cancellation) that delivered in cash or by treasury shares the difference (referring to the difference when the exercising price is lower than the death) between the exercising price and the market price falls under any of the following subparagraphs before exercising that stock option, the plaintiff may revoke the granting of the stock option by a resolution of the board of directors

5. Where he/she causes serious damage to the plaintiff intentionally or by negligence;

C. Revocation of the instant stock option.

arrow