1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by E.

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 August 28, 2019, E, which is the Plaintiff’s statement assistant on the date of pleading, stated that it is impossible for the Plaintiff to communicate that the Plaintiff refers to the name of dementia, and it was actually impossible for the Plaintiff to understand the presiding judge’s question about what the Plaintiff is currently proceeding.

The Plaintiff appears to have not had the meaning and mental ability to reasonably determine the outcome of the instant lawsuit due to dementia, etc. at the time of filing the instant lawsuit or on August 28, 2019. Therefore, it is deemed that the Plaintiff had no mental ability to bring the instant lawsuit (at the time of filing the instant lawsuit until the time of closing argument). Therefore, the instant lawsuit is unlawful.

2. The conclusion of the instant lawsuit is dismissed, and the instant lawsuit is deemed to have been instituted by E, and the costs of lawsuit shall be borne by E.