A. After receiving a contract for the repair work of the “B” fishing vessel of Russia’s nationality (hereinafter “instant vessel”), the Plaintiff subcontracted the repair work of the vessel’s hulls and pipeline repair to the Defendant, who is an individual entrepreneur engaged in the shipbuilding and repair business under the trade name of “C”.

B. At around 10:00 on June 20, 2017, when the Defendant and one of his employees engaged in cutting steel from the bottom of the floor by using oxygen equipment inside the machinery room of the instant vessel located at the D shipbuilding yard at the Busan Coast Guard, the fire (hereinafter “the fire of this case”) occurred by putting the flame of the mountain melting machine into the surrounding aesthetic material. Accordingly, the fire of this case caused damage to the wall, floor, etc. inside the machinery room.

C. By August 31, 2017, the Plaintiff brought the repair cost of KRW 107,900,000 (excluding value-added tax) to restore the damage caused by the instant fire to its original state.

The Plaintiff, as a preparatory document on April 30, 2018, has the damage claim in this case, and the Plaintiff expressed his/her intent to offset the amount of the said subcontract by the amount equal to the said subcontract amount to be paid to the Defendant by August 20, 2017, and the said document reached the Defendant on May 4, 2018.

As of August 31, 2017, which is a set-off day, the repair cost to be paid by the Plaintiff to the Defendant is KRW 25,623,950 (including value-added tax) and damages for delay calculated by the ratio of 6% per annum from August 21, 2017 to August 31, 2017 (i.e., KRW 25,623,950 x 0.0 x 0.06 x 0.06 x 0.06 x 11 / 365 days) (i.e., KRW 25,623,950 46,333).

[Reasons for Recognition] Facts without dispute and significant facts, Gap evidence Nos. 1-13 and 15 (including separate numbers), the purport of the whole pleadings

2. Establishment and scope of liability for damages;

A. According to the above facts, the fire of this case is melting machine.