Main Issues

In a creditor subrogation lawsuit, the existence of the burden of proof as to the existence of the person who is subrogated, and the death before the action of the person who is subrogated can be ratified.

Summary of Judgment

Generally, barring special circumstances, it is reasonable to presume that the plaintiff is a person who actually lives and who is a person who is 110 years of age, unless there are special circumstances to deem that the plaintiff is a person who is satisfy, or a person who is satisfy, and that the person who is satisfy, is a person who is satisfy, unless there are special circumstances. Thus, in a creditor subrogation lawsuit, if it is deemed that the plaintiff is a person who is satisfy, who is satisfy, is a person who is satisfy, and his lives cannot be deemed as falling under a very rare example, and that he is highly unlikely to survive until he is satisfy, barring special circumstances, the person who is saty and is presumed to be a person who is satisfy, and the defendant must actively prove that he is dead by satisfy.

[Reference Provisions]

Article 404 of the Civil Act, Articles 187 and 261 of the Civil Procedure Act

Reference Cases

Supreme Court Decision 77Da1555 and 1556 Decided July 25, 1978 (Gong1978, 11018) Supreme Court Decision 94Da18683 Decided October 25, 1994 (Gong1994Ha, 3089) Supreme Court Decision 94Da42679 Decided July 28, 1995 (Gong195Ha, 2967)

Plaintiff, Appellant

Plaintiff 1 and 7 others

Defendant, Appellee

Korea

Judgment of the lower court

Incheon District Court Decision 2001Na2631 delivered on December 13, 2001

Text

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

Reasons

Generally, it is reasonable to presume that the plaintiff is a deceased person, or a person under subrogation, unless there are special circumstances, unless the plaintiff's old person is found to be a deceased person (see, e.g., Supreme Court Decision 94Da18683, Oct. 25, 1994). Thus, in a creditor subrogation lawsuit, unless the plaintiff's old person is deemed to be a deceased person, and it is extremely rare for him to survive until he reaches his age, the person under subrogation to be present is presumed to be alive, and the defendant should actively prove that he died (see, e.g., Supreme Court Decision 94Da18683, Oct. 25, 1994). Thus, it is extremely rare that the plaintiff's 110 years old person is alive (see, e.g., Supreme Court Decision 97Da15751, Jul. 15, 197). 197.