1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the number of diggings listed in the separate sheet.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 24, 2017, the Defendant concluded a heavy equipment safety insurance contract with the Plaintiff (hereinafter “instant insurance contract”) with the company engaging in mid-term rental business, etc. as follows:

(The insurance contract at issue was finally changed on October 16, 2017. The insurance period: The insurance period from May 14, 2017 to May 24, 2018: C subscription amount: KRW 300,000,000: 10 million.

B. The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

Article 34 (Compensation for Loss) of the General Terms and Conditions for Equipment Security Insurance [Article 34 (Compensation for Loss)] ① Company shall indemnify for the loss caused by an accident during the cover period.

(2) Where a loss occurs due to a risk guaranteed under paragraph (1), the company shall additionally pay the following expenses paid by the policyholder or the insured:

1. Expenses for prevention of loss: Expenses disbursed or beneficial to prevent or reduce loss; and

2. Expenses for preserving the right of subrogation: the expenses which are necessary or useful in order to protect or exercise the right of subrogation, if it is possible to compensate for the loss from a third person.

3. Costs of conserving the remainder: necessary or beneficial costs incurred to preserve the remainder: Provided, That this shall not apply to the case where the company acquires the remainder under Article 41.

4. Other cooperative expenses: The insurance money under the provisions of Article 36 (Limits on Payment of Insurance Money, etc.) (1) shall be calculated by applying the provisions of Article 37 (Calculation of Insurance Money to be Paid) (1) shall be calculated by applying the provisions of Article 37 (Calculation of Insurance Money to be Paid), and the aggregate shall be limited to the insurance amount listed in the insurance policy.

(2) Expenses for the prevention of loss, expenses for the preservation of subrogation rights, and expenses for the preservation of remainder, out of the expenses under Article 34 (2) shall apply mutatis mutandis to such expenses.