On November 21, 2014, the Defendant Lessee (Counterclaim) walked the front road in Seocho-gu Seoul Metropolitan Government at around 22:00.

1. Basic facts

A. On November 21, 2014, the Plaintiff: (a) opened a lid in front of the “C” road located in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) carried out sewagebox reinforcement works (hereinafter “instant construction works”); and (c) implemented the instant construction works.

B. On November 21, 2014, around 22:00, the Defendant was involved in the instant accident where a lid was opened without discovering the fact that the last lid was opened, and the Defendant was faced with the instant accident (hereinafter “instant accident”).

C. At the time the instant accident occurred, only one container was placed in the vicinity of the Mandole, and there was no warning sign informing that the person controlling the passage around the construction site or the lids are being opened.

[Ground of recognition] A without dispute, images of evidence Nos. 1 (including paper numbers), Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. The Plaintiff’s principal lawsuit and the Defendant’s counterclaim are entirely premised on damages arising from the instant accident. Accordingly, after examining the occurrence and scope of the damages liability, it is to determine whether the Plaintiff’s principal lawsuit and the Defendant’s counterclaim are legitimate.

According to the facts found by the plaintiff's negligence, as the field management and safety control manager of the construction of this case, the plaintiff is obligated to take safety control measures, such as properly controlling pedestrians' surrounding passage and installing warning signs informing that there is a danger that pedestrians are open, even if they are harsh in the construction of the construction of this case.

Nevertheless, the Plaintiff neglected the above duty and thereby caused the instant accident, which led to the Plaintiff’s damages incurred to the Defendant due to the instant accident.