1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. At around 07:10 on January 15, 2017, B, a vehicle A (hereinafter “instant vehicle”) was driven on a petition-day expressway while driving the instant vehicle at a point of 74.9 km in the direction of the Cheongju, and, at a point of 74.9 km in the direction of the Cheongju, the shock absorption facility for entering a temporary resting area was shocked on the left side of the vehicle.

(hereinafter “instant accident”). (b)

Due to the instant accident, shock absorption facilities, divesday, and ESD sign, etc. (hereinafter “victims of this case”) installed and managed by the Defendant were destroyed.

C. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the instant automobile.

On January 15, 2017, the Defendant directly restored or imposed KRW 7,451,370 on the Plaintiff, and notified the Plaintiff that he/she should submit and approve an application for direct restoration within three days after receipt of the notice, or deposit the application into the Defendant’s designated bank account by February 14, 2017.

After that, the plaintiff did not directly restore the damaged facilities or pay the burden borne by the defendant, and the defendant performed restoration work of the damaged objects in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 through 8 (including branch numbers, hereinafter the same), Gap evidence Nos. 2, and the purport of the whole pleadings

2. Where it is impossible to repair the claimed by the plaintiff as a tort, the exchange value at the time of the damage is normal and the damaged owned article has become old, but the exchange value is calculated as a cost for restoring used materials beyond such useful life to new goods because they cannot be purchased, the depreciation cost shall be deducted according to the useful life of the article;

In the case of the damage of this case, the depreciation costs according to the lifespan of the shock absorption facilities, divesday, and ESD sign shall be deducted from the cost of exchanging the damage of this case, except for personnel expenses.