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(영문) 인천지방법원 2018.12.21 2018나56292
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Where adult guardianship commenced after filing a lawsuit indicating the plaintiff and the adult ward loses his/her litigation capacity, litigation procedures shall be interrupted, but adult guardian shall take over the litigation procedures as legal representative (Article 235 of the Civil Procedure Act). In such cases, parties are still under adult guardianship, and adult guardian is still a legal representative of an adult ward and is not entitled to take over the litigation procedures as a legal representative of the adult ward,

(Supreme Court Decision 2017Da212569 Decided June 19, 2017). Accordingly, in a trial, the Defendant’s indication is corrected as “C” and the Defendant’s adult guardian D is the Defendant’s legal representative.

2. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Thus, the facts established and the judgment of the court of first instance are acknowledged as legitimate even if the plaintiff submitted evidence in the court of first instance, which is the evidence submitted in the court of first instance, without reliance on the relation between the originator and the plaintiff and the statement in the evidence No. 2, in light of the relationship between the plaintiff and the plaintiff and the statement in No. 6.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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