1. The defendant (Counterclaim Plaintiff)'s appeal against the main claim and the changed counterclaim claim in the trial are dismissed, respectively.

2...

In the court of first instance, the plaintiff filed a suit seeking delivery of the goods listed in the separate sheet No. 2, and each motor vehicle listed in the separate sheet No. 3. The defendants filed a preliminary counterclaim against the plaintiff on the condition that delivery of the goods listed in the separate sheet No. 4 and No. 5 of the separate sheet No. 2 should be accepted. The part of the claim for delivery of the factory of this case among the main suit is dismissed, and the part of the claim for delivery of the motor vehicle listed in the separate sheet No. 2 and the attached sheet No. 3 should be cited, and the counterclaim is dismissed.

Since only the defendants filed an appeal regarding the part against which the main lawsuit ordering the delivery of the goods listed in the separate sheet No. 2 and the counterclaim part, only the claims for delivery of the goods listed in the separate sheet No. 2 and the counterclaim are subject to the judgment of this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

Plaintiff (formerly: D Co., Ltd.) is a company established on January 24, 201 for the purpose of manufacturing business of parts of co-mechanics, etc.; Defendant B is an internal director of the Plaintiff; Defendant C is a father of Defendant B, who has served as the head of the Plaintiff’s factory.

On August 3, 2011, the Plaintiff entered into a sub-lease contract with F with respect to the instant factory, which leased the building listed in the attached Table 1 from E, and produced a scale (a device installed in CHUK and CHUK and fixing work objects by putting it on a factory) in the instant factory until February 23, 2015.

On March 9, 2015, the Plaintiff dismissed Defendant B from the Plaintiff’s internal director, and then dismissed Defendant C at that time.

The Defendants entered into a sub-lease agreement with F as to the instant plant after completing business registration with the name of “G” around April 20, 2015, and thereafter produce and sell the same products as those produced by the Plaintiff at the instant plant from around that time, while within the instant plant.