대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion asserts that, since the plaintiff lent 100 million won to the defendant who is the birth partner on October 7, 2009 without setting interest and due date, the defendant has the obligation to repay it to the plaintiff.
2. We examine ex officio the lawfulness of the instant lawsuit.
According to the records of this case, it can be known that the defendant was receiving medical treatment at the Medical Treatment and Custody Office for several years after committing a crime as a patient suffering from the injury or illness, and that the discharge is unclear. According to the above facts, at the time of the plaintiff's filing of the lawsuit of this case, it is reasonable to view the defendant as a party who has no ability to conduct legal acts
In addition, the plaintiff is not only unable to prove the litigation capacity of the defendant, but also does not correct the deficiency in the litigation capacity by applying for the appointment of a special representative for the defendant. Thus, the lawsuit in this case is unlawful as brought against a person who has no litigation capacity.
3. Conclusion, the instant lawsuit is unlawful and dismissed.