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1. As to the accident described in the separate sheet that occurred on June 24, 2018, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts do not conflict between the parties, or are recognized by taking account of the overall purport of the arguments in each film of Gap evidence Nos. 1, 2 (including proof number), Eul evidence Nos. 1, 2, and 12, Gap evidence Nos. 3, 7, and Eul evidence No. 4 (including proof number No. 4).
A. D Co., Ltd. (hereinafter “D Co., Ltd.”) is a company awarded a subcontract for civil engineering works, such as soil removal works, etc. (hereinafter “instant construction”) among the new construction works of the F building in Pyeongtaek-si E.
B. On May 22, 2018, the Plaintiff operating construction machinery rental business under the name of G leased the H flag (hereinafter “instant flag”) owned by the Plaintiff to Nonparty Company as a pilot, and on May 23, 2018, the Defendant operating the construction machinery rental business under the trade name of J, the Defendant, who was in charge of the construction machinery rental business, set the K-a-port and the navigation engine (hereinafter “instant port and navigation aircraft”) owned by the Defendant to KRW 95,00,000 monthly rent for the non-party Company.
C. On June 24, 2018, I, at the instant construction site, laid down 23 meters of the length of the term of the instant aircraft into a HC file (a reinforced concrete piling, hereinafter “instant file”) for bricks, and was engaged in the work to be laid in the instant Claims installed on the ground level of the excavated hole with the ceiling of the drilling. (hereinafter “instant work”).
The instant file was linked by means of double-speaking, in which the upper part of the 10m length PHC file (hereinafter “the upper part”) and the PHC file at the bottom of 13m length (hereinafter “the lower part”) were connected by the type of double-speaking. As the lower part of the file and the lower part of the file were separated during the instant work process, the lower part was used as the instant port and port launcher in the vicinity of the excavation hole. Accordingly, the lower part was destroyed by the wing and port launcher’s wing and halog parts, etc.
hereinafter referred to as "the case."