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1. The Defendant (Counterclaim Plaintiff) paid KRW 1,859,500 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from February 15, 2014 to June 26, 2015.
Reasons
1. Basic facts
A. On November 6, 2013, at around 30:0 p.m. and around 30:0 p.m., the Defendant’s dong B operated a Tracker (hereinafter “instant Tracker”) in the vicinity of the Hackan-gun, Hack-gun, the Defendant’s Tracker’s Tracker’s Tracker’s (hereinafter “instant Tracker”) and caused an accident attributable to the connection of the instant Track and the instant Track’s telecommunications cable connected to the Plaintiff’s Track located in each part of the said drawing indication 5 and Y, which is located in each part of the said drawing indication D.
(hereinafter “instant accident”). (b)
The statutory final appeal of the telecommunications cable is 4.5m, and the height of the track of this case is 3.03m, and 4.56m when the routeer was not able to end, and the width is 1.8 to 2m.
The width of the road at the site of the accident in this case is about four meters.
C. The costs incurred by the Plaintiff in the new recovery of telecommunication cables and poles destroyed by the telecommunication cable are KRW 3,719,00, and the costs incurred by the Defendant in towing and repairing the instant track are KRW 9,753,90 in total.
(2) The following facts: (a) No dispute exists concerning the repair cost of KRW 9,403,90, towing cost of KRW 350,000 (which is the basis for recognition); (b) each description of Gap evidence 2, 3, 8; and Eul evidence 1, 2, 4, and 6 (including additional numbers); (c) witness B’s testimony; and (d) on-site inspection of this court; (c) the inquiry results on the branch office of the Korea Electric Power Corporation; and (d) the overall purport
2. Occurrence of liability for damages;
A. The key issue is that the Plaintiff asserted that the accident in this case occurred due to B’s failure to drive, and that the Defendant claimed damages due to the fault of the Defendant on the installation and management of telecommunications cables, and sought damages due to a counterclaim. Thus, the key issue of the main claim and counterclaim is both the existence and proportion of the Defendant’s fault on the occurrence of the accident in this case.
B. The Plaintiff’s negligence Plaintiff was at the site of the instant accident.