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(영문) 수원지방법원성남지원 2017.08.29 2016가합207214
근로에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established on October 28, 2009 for the purpose of manufacturing and selling pharmaceutical products, and the Plaintiff joined the Defendant on February 6, 2015 and engaged in business development.

B. On March 31, 2015, the Defendant entered into a contract with the Plaintiff under which the Defendant would grant the Plaintiff the stock options (hereinafter “Stockholm options”) with the following content (hereinafter “the instant Stockholm options”).

Article 189-4 of the Securities and Exchange Act (hereinafter “Stockholm”) provides that “A” and “A” (hereinafter “B,”) as of March 31, 2015 are necessary for granting “B” the stock options as stipulated in Article 189-4 of the Securities and Exchange Act (hereinafter “Stockholm options”) to “B” as follows:

Article 1 (Assignment Price of Stockholm : Article 2 (Number of Stockholms): 6,67 per week: Article 2 (Number of Stockholms): Article 3 (Period and Conditions for Exercise of Stockholm / [Period and Conditions for Exercise of Stockholm ] 1) of the Stockholms Act shall be for five years from the date on which two years have elapsed from the date on which the Stockholm options were granted, and shall be in service as of the date on which the Stockholm options were exercised.

However, in the event that “B” is deceased, retired from office due to reasons of promotion of officers, and the officer retires from office at the expiration of the term of office, the Stockholm option may be exercised during the period of exercise, and in the event that the pertinent “B” dies, the heir of the pertinent “B” may exercise the Stockholm option.

(2) In the case of retirement or retirement from office with the expiration date of the Stockholm option exercise period as of the base date, the Stockholm option of "B" shall be granted a period for further exercise of three months as of the expiration date.

(3) The new stocks are issued or treasury stocks are issued at the price of exercise of stock option, or the difference between the exercise price of stock option and the market price (referring to the difference where the exercise price is lower than the market price) shall be cash or treasury stocks.

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