The judgment below

The part against the plaintiff as to property damage shall be reversed, and this part of the case shall be applied.

The grounds of appeal and the grounds of incidental appeal are examined.

1. Plaintiff’s ground of appeal

A. The lower court acknowledged the facts as indicated in its reasoning after comprehensively taking account of the adopted evidence, and limited the Defendant’s liability to 75% by comprehensively taking account of all the circumstances related to the instant accident.

In light of the relevant legal principles and records, the limitation of liability determined by the court below is not deemed considerably unreasonable in light of the principle of equity. Therefore, the court below did not err in its judgment by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

B. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to the assertion on the nursing expenses, the lower court is justifiable to have determined that the Plaintiff, on the grounds stated in its reasoning, requires the Plaintiff’s opening of one adult female at least eight hours per day during the period of hospitalization. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the calculation

C. According to the reasoning of the lower judgment on the part of the Defendant’s claim regarding the medical expenses paid by the Defendant subject to mutual aid, the lower court recognized the Defendant’s medical expenses paid to the Plaintiff as KRW 318,471,710, based on the adopted evidence, and calculated KRW 79,617,927, corresponding to the Plaintiff’s portion of the

However, according to the records, the defendant's amount of medical expenses paid by the plaintiff is limited to KRW 264,471,710 (=total insurance amount of KRW 639,563,820 – KRW 76,00,000 for advance payment of damages - KRW 294,692,110 - Attorney's fees of KRW 4,40,000), and the situation in which the defendant paid the above amount as medical expenses is paid.