1. The part of the judgment of the court below regarding medical expenses out of the part against the plaintiff (Counterclaim defendant) shall be reversed, and this part of the case shall be reversed.

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the ground of appeal No. 1 in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the limitation of liability or by unfairly determining the limitation of liability ratio in that the liability of the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) with respect to the occurrence of the instant accident was limited to 80% by taking account

This part of the grounds of appeal cannot be accepted.

2. Regarding ground of appeal No. 2

A. In full view of the adopted evidence, the lower court determined that the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) was liable to compensate the Defendant for the amount equivalent to 80% of the total amount of the above medical expenses, as active damages, after recognizing that the Defendant’s active damages incurred by the instant accident, excluding the medical expenses borne by the National Health Insurance Corporation, were KRW 2,963,680 and KRW 3,540,533 of the medical expenses paid by the Defendant himself.

B. However, we cannot accept the judgment of the court below for the following reasons.

(1) When the victim received the insurance benefits under the National Health Insurance Act due to a third party's tort, the National Health Insurance Corporation shall subrogate and acquire the victim's damage claim to the extent of the amount of such benefits.

In addition, in the event the injured party's negligence competes with the injured party's negligence, the National Health Insurance Corporation shall, within the scope of damage liability calculated first, offset the amount of damage calculated first, and then obtain the whole amount of insurance benefits by subrogation from the injured party's damage claim. Thus, the damages claim against the third party shall be reduced within the scope of damage claim (see, e.g., Supreme Court Decision 2002Da50149, Dec. 26, 2002). (2) According to the reasoning of the lower judgment and the record, the Defendant bears only the medical expenses of KRW 2,963,680 in the course of treating the injured party's injury