1. The Defendant (Counterclaim Plaintiff) paid KRW 45,657,210 to the Plaintiff (Counterclaim Defendant) and its related amount from April 1, 2016 to October 17, 2019.

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

1. Facts of recognition;

A. The status of the parties is the owner of C (hereinafter “Plaintiff’s vessel”) who is engaged in maritime transport business, etc., and the Defendant is the owner of D (hereinafter “Defendant’s vessel”) who is a corporation engaged in marine transport brokerage business, marine cargo brokerage business, etc.

B. The instant accident occurred (1) on March 31, 2016, the Defendant vessel: (a) boarded 10 seafarers, including the captain E, on board the port from the port of the territory of the Republic of Korea on April 1, 2016; and (b) arrived at the port of Busan on April 1, 2016. At that time, the Defendant vessel waiting at the port of Busan on the port of the port of the Republic of Korea as it did not secure the view due to the inside, etc.; (b) was waiting at the port of the control center on the port of U-2 anchorage and waiting at around 8:13 Busan on the same day; (c) pursuant to the relevant laws and regulations, a vessel sailing along the sea route should navigate to the right side of the sea route and make a navigation to the right side of another vessel where there is a concern for sailing with another vessel. At that time, the Defendant vessel was sailing to the middle left side of the sea route to avoid dredging lines located on the port of the Republic of Korea.

After that, although the defendant vessel passed a dredging vessel, it was sailing to the right side of the sea route while navigating to the right side. After about 35 seconds, it was discovered that the plaintiff vessel, who was to go to the Busan Walk Port in order to undergo a regular inspection of the vessel immediately before the collision while changing to the left side without any special reason.

3) Ultimately, the Defendant’s vessel’s sloping part conflict with the center part of the Plaintiff’s vessel (hereinafter “instant accident”).

A. The occurrence occurred.

C. On April 4, 2017, the Busan Maritime Safety Tribunal's ruling on Busan Maritime Safety Tribunal was caused by neglecting the boundaries while navigating to the left side of the center of the Defendant's sea route in a week where visibility was restricted. However, the Plaintiff's vessel is appropriate.