1. The Defendant (Counterclaim Plaintiff) paid KRW 63,186,850 to the Plaintiff (Counterclaim Defendant) and its related amount from December 20, 2016 to February 14, 2018.

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Determination as to the main claim

A. The Plaintiff’s assertion that the Plaintiff supplied food materials to the Defendant from November 1, 2011 to December 12, 2016. As such, the Defendant is obligated to pay the remainder of the goods price to the Plaintiff and delay damages therefrom.

Even if there is no authority to examine employees who received food materials from the Plaintiff, such as C, as alleged by the Defendant, even though they did not have the right to do so, the employees, such as C, etc., inflicted damages on the Plaintiff regarding the performance of their duties, and the Defendant, as an employer, is obligated to compensate the Plaintiff for damages equivalent to the price of the remaining goods

(Selective Claim) b.

Upon examining the reasoning of Gap's evidence Nos. 1 through 5 (including each number), and witness D's testimony in addition to the whole purport of pleading, the plaintiff is running a wholesale business of agricultural, fishery, and livestock products wholesale business, and the defendant operates a restaurant under the trade name of "E". The plaintiff entered into a contract with the defendant's employee D (manager) around November 201 to supply food materials requested by the defendant, and the goods supply price for credit goods is to be paid within 15 days (the 15th or the last day of each month) from the date of supply. According to the above contract, the plaintiff supplied various food materials to the defendant from November 11, 201 to December 12, 2016. The defendant delegated D with the authority to operate the restaurant, D directly or instruct D to work at the restaurant, such as taking over and examining food materials supplied by the plaintiff, etc., and the plaintiff's remaining balance can be recognized as the plaintiff's goods payment to the defendant.

In addition, the Plaintiff is a person who received reimbursement of KRW 4,800,000 from the Defendant on December 7, 2016 as the price for the above goods, including KRW 50,000,000 on December 7, 201, and KRW 300,000 on December 12 of the same month, and KRW 4,80,000 on December 14 of the same month.

Therefore, the defendant's total price of the remaining goods to the plaintiff 63,186.