손해배상
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by C.
1. The capacity to determine the legitimacy of a lawsuit refers to the mental ability or intelligence that can reasonably determine the meaning or result of his act based on normal perception and towing power. The existence of the capacity to act on delegation of a lawsuit must be determined individually under specific circumstances, and in particular, in order to recognize the capacity to act in a case where a juristic act is given with a special meaning or effect that makes it difficult to understand only the daily meaning, the capacity to act should be understood as well as the ordinary meaning of the act in general, and as well as the legal meaning or effect.
(See Supreme Court Decision 2006Da29358 Decided September 22, 2006). On the date of pleading on September 18, 2019, the Plaintiff answer that “the Plaintiff was aware of the content of the lawsuit being held by the presiding judge as of the date of pleading.” The Plaintiff appears to have not been able to reasonably determine the meaning and result of the lawsuit due to dementia, etc. at the time of the filing of the lawsuit in this case or on September 18, 2019, and thus, it is deemed that the Plaintiff had no mental capacity to reasonably determine the meaning and result of the lawsuit due to dementia, etc. (see, e.g., Supreme Court Decision 2006Da29358, Sept. 22, 2006). Accordingly, the lawsuit in this case is unlawful.
2. The conclusion of the instant lawsuit is dismissed, and the instant lawsuit is deemed to have been instituted by C, and the costs of the lawsuit shall be borne by C.