1. The plaintiff (Counterclaim defendant)'s claim against the defendant A and the defendant (Counterclaim plaintiff) for the principal lawsuit against the distribution company.

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a limited partnership company with the purpose of alcoholic beverage wholesale business, and the Defendant Company is a stock company with the purpose of alcoholic beverage wholesale business.

B. Defendant A served as an employee of the Plaintiff Company and retired from office around April 2015, and served for the Defendant Company from May 1, 2015 to July 31, 2015, and engaged in alcoholic beverage delivery, business, collection, etc.

[Reasons for Recognition] Facts without dispute, testimony of witness B, purport of whole pleadings

2. Determination on the counterclaim claim by the defendant company

A. 1) In the liquor industry, in a case where a business employee leaves the former company to another company and brought about the existing business partner who had been managed by the business employee, the former company’s equipment, subsidies, loans, etc. (hereinafter “business partner subsidies, etc.”) provided to the existing business partner.

(2) Around May 2015, the Plaintiff and the Defendant Company entered into an agreement to accept the Plaintiff’s former transaction partner (hereinafter “the Plaintiff’s existing transaction partner or the existing transaction partner”) with the amount of 69,407,000 won (the amount of 3,3790,000 won of cash grants) by converting the Plaintiff’s subsidy to the current value, etc. of the transaction partner’s previous transaction partner (hereinafter “the Plaintiff’s existing transaction partner or the existing transaction partner”) managed by Defendant A, by converting the Plaintiff’s subsidy into the current value.

The final acceptance price is to be paid after confirming the amount of loan, etc.

3) On June 22, 2015, Defendant Company paid KRW 35 million to the Plaintiff the amount equivalent to the equipment cost. 4) However, the Plaintiff’s loan credit (2.1 million won) against the Plaintiff’s existing business partner in the fourth place of the fourth place of business was clearly stated as an unrecoverable claim whose final due date for payment has expired, and the Defendant Company requested the Plaintiff to settle the reduced amount of the acquisition price, but the Plaintiff did not comply therewith.

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