All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant conspired from around 2008, and the Defendant sent the coffee shop in Dongdaemun-gu Seoul operated by the Plaintiff and the Gosiwon.

B. On April 4, 2012, the Plaintiff deposited KRW 5 million into D’s account; KRW 5 million on April 4, 2012; KRW 2 million on May 24, 2012; KRW 6 million on July 6, 2012; and KRW 3 million on the same day into each Defendant’s account.

C. On April 20, 2018, the Defendant was hospitalized in the Central Medical Center in an unidentified state due to traffic accidents. D.

At the time of the above accident, the defendant held the account of ① KRW 15 million in total subscription savings (Account Number E), KRW 10 million in fixed deposit (Account Number F), ② KRW 14,361,047 in MG community credit account (Account Number G), KRW 6,901,344 in regular deposit (Account Number H), KRW 15,638,953 in regular deposit (Account Number I), KRW 11,140,327 in regular deposit (Account Number J).

E. On June 20, 2019, after the filing of the instant lawsuit, the Defendant became an adult guardian and took over the instant litigation procedure by becoming the Defendant’s penal guardian on June 20, 2019, pursuant to the decision to appoint an adult guardian (Seoul Family Court Order 2018 Madan53206).

When adult guardianship commences, a guardian shall become the legal representative of the ward (Article 938(1) of the Civil Act), substitute for the ward with respect to a juristic act regarding his/her property (Article 949(1) of the Civil Act), and an adult ward may conduct litigation only by the legal representative.

(Article 55(1) main text of the Civil Procedure Act). On the other hand, where adult guardianship commenced after filing a lawsuit and an adult ward loses litigation capacity, litigation procedures shall be interrupted, but adult guardian shall take over litigation procedures as legal representative (Article 235 of the Civil Procedure Act). In such cases, a party is still under adult guardianship, and adult guardian is not a legal representative of an adult ward, but a party’s qualification is not taken over as a legal representative of

Supreme Court Decision 2016Da1548 Decided June 19, 2017