1. The Defendant (Counterclaim Plaintiff) paid KRW 13,654,447 to the Plaintiff (Counterclaim Defendant) and its amount from November 26, 2016 to July 19, 2017.

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in mid-term rental business with the trade name called C, and the Defendant is an employee who was employed as a driver belonging to the Plaintiff and retired.

B. On November 25, 2016, the Defendant driven D D D D D dump trucks (hereinafter “instant vehicles”) to transport earth and sand, and was running in the direction of D dump dump laging master’s right dump dump dump dump dump dump dump trucks at the place of the dump dump construction works

(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence Nos. 1, 4, 5, and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 5 and 8 as to the occurrence of damages liability, the Defendant may recognize the fact that the instant accident occurred due to negligence, which was caused by the completion of a narrow section of the road at the time, while neglecting the duty of safe driving. Therefore, the Defendant is liable to compensate the Plaintiff for the damages

B. Damages A) The scope of damages for the instant vehicle repair costs and towing costs: 38,140,00 won (based on recognition) paid for the instant vehicle repair costs and towing costs: 7,374,825 won (based on recognition) in total 45,514,825 won (based on evidence No. 15) in total; 45,514,825 won (based on recognition) in cases where an employer directly suffered damages due to a tort committed by an employee in relation to the performance of his/her duties or suffered damages to a third party who is the victim, the employer is reasonable in view of the nature and scale of his/her business, the current status of the employee, the details of his/her business, working conditions and work attitude, the cause and situation of the harmful act, the degree of employer’s consideration about the prevention of harmful act or the distribution of losses, and other overall circumstances.