1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

1. The counterclaim’s assertion that the counterclaim Defendant suffered damages of KRW 24,502,340, including the material cost of KRW 9,682,340, labor cost of KRW 14,820,00, and labor cost of KRW 14,820,00 from May 2015 to July 2015, where the counterclaim Defendant was employed by the “C” in the operation of the counterclaim, and performed the contact work, and thus, the counterclaim Defendant is obliged to pay the said amount of damages and damages for delay to the counterclaim.

2. The claim by the Counterclaim Plaintiff is distinct because the employer seeks compensation for damages incurred by negligence related to the performance of duties of the employee.

In general, in cases where an employer suffers direct damage due to a tort committed by an employee in relation to the performance of his/her duties, the employer may claim compensation for damage against an employee only to the extent deemed reasonable under the good faith principle in light of the nature and scale of his/her business, status of the facility, details of his/her duties, working conditions and attitude of his/her employee, causes and characteristics of the harmful act, the degree of employer’s consideration on the prevention of harmful act or the distribution of losses, and other circumstances, and it is not permissible

(See Supreme Court Decision 95Da52611 delivered on April 9, 1996. In light of these legal principles, in order to recognize the claim of the Counterclaim, it should be objectively recognized that the damage suffered by the Counterclaim was caused by the negligence of the Counterclaim Defendant.

However, the evidence submitted by the Counterclaim Defendant instructed the Counterclaim Defendant to use the contact work.

It is only limited to a statement or a record stating the purport that some workers ordered work, even if they filed a problem of contact with the counter defendant, and the damage suffered by the counter defendant is done by the counter defendant.