The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the court below is just in light of the relevant legal principles, where the victim of traffic accident seeks to pay mutual aid money to the defendant through a lawsuit as to the interpretation of the terms and conditions of the defendant's mutual aid, and where the amount calculated by offsetting the amount calculated according to the rate of fault on the part of the victim in the case No. 1, and No. 2, if the amount is less than the amount corresponding to the amount of medical care expenses, the compensation provision for medical care expenses cannot be applied to the case where the insurer exercises mutual aid claims against the defendant in subrogation of the victim who is the insured, and there is no error of law that affected the conclusion of the judgment by misapprehending the legal principles

2. Regarding ground of appeal No. 2

A. The proviso of Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act provides that where the amount of damage sustained by the victim falls short of the corresponding amount of medical fees calculated according to the standard of medical fees covered by automobile accident insurance under Article 15 (1) of the Guarantee of Automobile Accident Compensation Act, the corresponding amount of medical expenses shall be paid within the scope of the amount prescribed in [Attachment Table 1]. The purport of the proviso of the proviso of subparagraph 2 above is to interpret that even if the amount of damage calculated by deducting the amount equivalent to the ratio of negligence among the damage suffered by the victim of automobile accident falls short of the corresponding amount of medical expenses under the above provision, the corresponding amount of medical expenses should be considered as the amount of damage to guarantee medical treatment of the victim of the automobile accident and the amount of compensation shall be paid as the liability insurance money. Therefore, the victim of the