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1. The intermediate confirmation of the Plaintiff (the intermediate confirmation Plaintiff) against the Defendant (the intermediate confirmation Defendant) and the ancillarys 2, 3.0 of the main claim.
Reasons
Facts of recognition
A. AP Co., Ltd. (hereinafter “AP”) was a company established on June 10, 198 by jointly investing 51% in total of Defendant AM and AR, and 49% in a company established in Japan (hereinafter “AP”), and produced a new product for AO’s bicycles by entrusting the production of an orderer (OEM).
B. Defendant AL is a company that was established on December 21, 1996 and engaged in the manufacture, etc. of a new and new sort of products, and a company AS (hereinafter “AS”) is a company that was established on October 29, 199 and engaged in a polybane manufacturing business, etc.
C. On December 30, 1992, AP established AT Limited Corporation (hereinafter “China AP”) at the time of the strong navigation of China on December 30, 1992 in order to secure the competitiveness of the new production industry. Of 100% of the Chinese AP’s equity, 67% of the 100% of the Chinese AP’s equity was held by AP, and 33% of the remainder is held by AO.
Until 2001, the manufacturing of new products for AO bicycles was conducted in both a factory in Korea and a factory in China in AP, and the manufacturing of new products began only in AP when the whole manufacturer of new products in AP's Korean factory was discarded in around 2001.
E. As personnel expenses in China have gradually increased and the price competitiveness has deteriorated, from around 2006, AP was completed around November 2007 after establishing a new bicycle launch plant in Cambodia, and AP Cambodia (hereinafter “PP”) in which AP owns 100% of its equity interest.
From this point of time, part of the new shoess for bicycles ordered by AO began to be manufactured in Cambodia AP factory.
F. On October 2, 2007, Defendant AL, AP, and AS were merged by means of absorbing AP and AS (hereinafter “instant merger”). Defendant AP and Defendant AL, and Defendant AM sold 56% of the Chinese AP shares held by AP between AO and AO on July 18, 2007, prior to the instant merger, to 8 million US dollars.