손해배상 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the claim for restitution against the defendant B
A. The Plaintiff asserted that the Plaintiff donated the real estate equivalent to KRW 245,141,580 in around 1996 to the Defendant B, who is the Plaintiff, and the total of KRW 25,000,000 in around 208 and KRW 29,000 in around 200,000, and KRW 54,000 in support. Since the Defendant B did not perform its duty to support the Plaintiff, the Plaintiff rescinded the above donation contract.
Therefore, Defendant B is obligated to return to the Plaintiff KRW 299,141,580 ( KRW 54,000,000) as the restitution following the rescission of the gift contract.
B. The evidence presented by the Plaintiff alone is insufficient to acknowledge that the Plaintiff’s donation of the above real estate and cash to Defendant B was a gift with a burden on the condition that Defendant B supported the Plaintiff, and there is no other evidence to acknowledge this otherwise.
Therefore, we cannot accept the Plaintiff’s above assertion against Defendant B.
2. Determination on the claim of consolation money against the Defendants
A. The Defendants asserted that the Plaintiff conspired and forced the Plaintiff to be hospitalized in the hospital from September 10, 2016 to March 8, 2017.
Therefore, the defendants are jointly obligated to pay consolation money of KRW 20,000,000 to the plaintiff.
B. The judgment of the court below is based on the following circumstances, i.e., evidence Nos. 7-1 and evidence Nos. 1 through 4, comprehensively taking into account the overall purport of the pleadings, namely, ① the Plaintiff was hospitalized in the Central Veterans Hospital due to the editing personality disorder from Sept. 18, 2008 to Dec. 1, 2008; ② the Plaintiff was hospitalized in the D Hospital on Sept. 10, 2016; ② the Plaintiff was hospitalized by his family as the legal guardian due to excessive consumption, such as stocks, gambling, and horse, and aggressive speech, assault, or intimidation; ③ the Plaintiff was hospitalized in the D Hospital from Sept. 10, 2016 to Mar. 8, 2017; ④ the Plaintiff was hospitalized in the D Hospital; and ④ the Plaintiff’s doctor conducted an interview, drug treatment, etc. < Amended by Presidential Decree No. 27777, Sep. 10, 2016>