1. The Defendant (Counterclaim Plaintiff) paid KRW 8,254,00 to the Plaintiff (Counterclaim Defendant) for KRW 8,254,00 and its amount from May 19, 2016 to May 17, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From September 4, 2014 to February 14, 2015, the Plaintiff leased heavy equipment including articles to the Defendant. The Defendant did not pay the Plaintiff the sum of KRW 12,254,000 for heavy equipment rent.

B. Meanwhile, during the work on January 13, 2015, an accident occurred that the Defendant destroyed the part of the board at the construction site of the new building C in Kimpo-si, which was contracted by the Plaintiff, at the construction site of the building C in Kimpo-si (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, evidence 4-1 through 3, Eul evidence 1 to 3, the purport of the whole pleadings and arguments

2. Determination on the main claim

A. According to the above recognition of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the sum of KRW 12,254,000 for the above heavy equipment rents and delay damages therefrom.

B. On the premise that the construction cost of the above outer wall board repair work cost reaches KRW 162,350,000, the defendant defense to the effect that the above damage compensation claim to be paid by the defendant and the plaintiff's above equipment rent claim should be offset against the equal amount. 2) According to the above fact-finding, it is reasonable to view that the plaintiff is liable to compensate for the damage suffered by the defendant due to the accident of this case.

Therefore, the court may determine the amount of damages by taking into account all relevant indirect facts, such as the relationship between the parties revealed by the result of examination of evidence and the purport of the entire pleading, the background leading up to the occurrence of property damage, the nature of the damage, and various circumstances after the occurrence of the damage, where it is difficult to prove the specific amount of damage in a claim for damages, even though the existence of property damage is recognized in a lawsuit seeking compensation for damages.

Article 202-2 of the Civil Procedure Act, the Supreme Court.