1. In relation to the accident described in the attached list, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff: (a) concluded a construction machinery lease contract with E Co., Ltd. at the new construction site located in Sungnam-si, Sungnam-si (hereinafter “instant construction site”); and (b) set up and work for other company (hereinafter “the instant other company”).

The Defendant: (a) concluded a construction machinery rental agreement with F Co., Ltd. with the subcontractor Company F at the construction site of this case; and (b) installed and operated the Hadridle (registration number G, type LTM150/1, size 165ton 3m, engine name and type d9408I-E, hereinafter referred to as “the instant flag”).

B. At around 12:20 on July 18, 2016, the Plaintiff’s employees attempted to detect and stop the instant engine located in the place where the said company was located, among the construction site of this case, in accordance with signals of signal numbers, but the Plaintiff’s employees failed to stop, and there was an accident that conflicts with the interim booms of the 6th group boom boom points of the instant flag (hereinafter “instant accident”), which led to the destruction of the instant engine.

[Ground of recognition] The descriptions of Gap evidence Nos. 3, 4, and 6, Gap evidence No. 5, appraiser H's appraisal result, and the purport of the whole pleadings

2. Judgment on the counterclaim

A. The following circumstances, which are acknowledged by comprehensively taking into account the facts of the establishment of the liability for damages and the purport of the entire arguments, namely, the Plaintiff’s employee who was well aware of the interview of the other worker, had a duty of care to prevent the occurrence of an accident by ascertaining in advance the situation where the other worker was placed during the conference period, etc., and the Defendant’s employee I had a duty of care to monitor the other worker at the instant construction site from A.M. to A.M. at the instant construction site.