1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant, at around 15:02 on October 1, 2014, driven a freight vehicle of C1 ton in the state of drinking, and operated two lanes near the 37.1km point in the East Sea Highway (hereinafter referred to as the “Dong Sea Highway”), caused damage to the Plaintiff by breaking up the previous two vehicles, and destroying the road facilities managed by the Plaintiff.

(hereinafter referred to as “instant accident”). B.

The Plaintiff spent KRW 33,552,200 for the restoration of the accident at the above road facilities. On October 31, 2014, the Plaintiff sent to the Defendant a notice for payment of the amount borne by the Defendant, which requested the payment of the Plaintiff’s above damages by October 31, 2014.

C. Meanwhile, on August 5, 2016, the Defendant concluded an automobile insurance contract with D Company, and the Plaintiff received KRW 1,080,000 from D Company, the insurer of the Defendant.

[Grounds for recognition] Each entry of Gap 1-3 evidence (including paper numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. Plaintiff’s assertion 1) Claim 1: The Plaintiff spent KRW 33,52,200 due to the instant accident, and received KRW 1,080,00 from the Defendant’s insurance company. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 32,472,200 (= KRW 33,552,200 - 1,080,000) due to the instant accident (i.e., the date of the instant accident). Defendant: (ii) the date of the instant accident is October 1, 2014; and (iii) the date of the instant lawsuit was June 5, 2019; (iv) the Plaintiff filed the instant lawsuit after the lapse of three years from the date of the instant accident, while the Plaintiff was aware of the damage and the perpetrator; and (v) the Plaintiff’s right to claim damages expired.

B. According to the facts of the judgment 1, the Plaintiff was aware of the occurrence of damages caused by the instant accident and the Defendant, the perpetrator, prior to October 31, 2014, around the time when the Plaintiff, at least determined the amount of damages in the instant accident and sought payment thereof, by specifying the amount of damages incurred, and at least three years have passed thereafter.