1. On January 28, 2014 between the Plaintiff (Counterclaim Defendant) and Nonparty C, an entry in the attached list based on the comprehensive automobile insurance contract.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty C regarding D concrete pumps (hereinafter “Plaintiff”) and the Defendant is the owner of E concrete pumps (hereinafter “Defendant”).

B. At around 14:10 on December 25, 2013, C: (a) while driving the Plaintiff’s vehicle at the site located in the F Housing Construction Site located in Cheongju City, C damaged the Defendant’s vehicle, which was parked behind the direction of progress, to the repair cost of KRW 52 million, by shocking the Defendant’s vehicle that was parked behind the direction of progress.

(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Determination as to the part of temporary damage

A. The gist of the Plaintiff’s assertion is that the Defendant’s claim should be based on the income reported to the tax authority. According to the result of the fact-finding on the Cheongju Tax Office’s report on sales from January 1, 2013 to October 19, 2013, and the Defendant reported the sales tax base for 73 days from October 20, 2013 to December 31, 2013 to 18,40,000 won. As such, the Plaintiff’s obligation to pay the insurance proceeds to the Defendant does not exist for more than 7,941,452 won [i.e., KRW 18,40,00 ± 53.29 ± 73.29 x 73/100, and 23 days of ordinary employment];

B. The gist of the Defendant’s assertion is that 1.5 million won per day after the Defendant registered the business from October 20, 2013, and 1.7 million won per day after the Defendant was working for the instant construction site, and 23 days were required to repair the Defendant’s vehicle while working for the instant construction site. As such, 1.7 million won per day after deducting 200,000 won from the income of 1.7 million won per day from the income of 1.7 million won should be recognized as temporary damage per day. However, it is based on the amount of 1,30,620 won, which is 47 meters of concrete pumps in the unit price table, which is recognized by the Insurance Development Institute as each insurance company’s compensation practice.