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1. The Defendant (Counterclaim Plaintiff) paid KRW 65,517,627 to the Plaintiff (Counterclaim Defendant) and its related amount from July 15, 2015 to September 4, 2015.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Defendant related to the parties is a company with the purpose of stone construction business, underwater construction business, reinforced concrete construction business, etc., and around April 2013, the Defendant was subcontracted with underwater construction works from the Dognam-gun, Yandong-gun, Yandong-gun (hereinafter “instant construction works”) among the works for restoring damage caused by typhoons at the Yannan-gun, Yan-gun, Yan-gun, and the Plaintiff is a company running construction machinery rental business
B. The conclusion of a lease agreement and occurrence of the instant accident 1) On April 19, 2013, the Plaintiff entered into a lease agreement and the Plaintiff’s mid-term period (registration number: A, type: SCC 1000, size: 100 tons/5m, and hereinafter “instant mid-term period”).
(B) As to the term of lease of the vehicle from April 24, 2013 to July 24, 2013 (hereinafter “instant lease agreement”) by setting the term of lease from April 24, 2013 to July 24, 2013 as KRW 13.5 million per month (hereinafter “instant lease agreement”).
(2) On June 7, 2013, the Defendant: (a) concluded the instant lease agreement on safety control; (b) “The operator of the equipment shall comply with the Defendant’s work instructions”; and (c) “The Defendant shall be liable for damages to others, such as the damage or theft of equipment during the contract period, human life in the workplace, underground utilities, and ground hazardous substances.” (c) On the part of the Plaintiff’s employee, the Defendant, as the Plaintiff’s employee, had B, the driver of the instant aircraft, who was the Plaintiff’s driver of the instant aircraft, using two divings employed by the Defendant and two divings in the instant construction site using the instant underwater devices, have B move to a concrete block ( approximately KRW 50 tons per unit) located in the instant construction site, which is located in the stringer (which is possible to load 3000 P, 573 tons, 2,100 tons).
B In order to connect the concrete block, which is placed on the part of the defendant divingr, to the boomer of the flag of this case, the defendant set up the block according to the boom boom of the flag of this case and then instruct the diving part on the part of the defendant.