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(영문) 서울중앙지방법원 2018.11.09 2016가합511882
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant C’s KRW 712,280,081 and KRW 672,670,458 among them, Defendant C shall be from June 2, 2016 to November 9, 2018.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff was diagnosed with dementia on May 9, 2014, with 2014 as a simple mental condition test (MMME) and 3 points for dementia clinical assessment (MMR), and was diagnosed with dementia on November 27, 2014, when the Plaintiff was hospitalized at the relevant hospital’s hospital Seoul Hospital after having undergone a traffic accident. On November 27, 2014, the Plaintiff was diagnosed with dementia as a result of the same inspection even at the time of outpatient treatment outside the hospital.

B. On November 12, 2014, Defendant C submitted a written adoption report to the head of Seodaemun-gu to the head of Seodaemun-gu with the Plaintiff’s adopted adoption, and accordingly, the adoption was entered in the family relation register.

(hereinafter “Adoption of this case”). C.

In the case of the commencement of adult guardianship for the Plaintiff claimed by Defendant C, etc., the Plaintiff had a result of the appraisal that the Plaintiff had a dementia condition of at least a mid-term period. Ultimately, on August 19, 2015, adult guardianship for the Plaintiff was commenced and attorney B was appointed as adult guardian.

Seoul Family Court 2014 2014 Ma30763, 2015 Ma-Ma452, d.

B On March 7, 2016, on behalf of the Plaintiff, filed a lawsuit against Defendant C seeking confirmation of invalidity of the adoption of this case.

In the foregoing case, at the time of the adoption of the instant case, the Plaintiff had an appraisal that it is presumed impossible for the Plaintiff to independently read the instant contract and accurately understand the meaning of adoption or make an adoption report, and submit an adoption report directly to the competent authority. Ultimately, on December 14, 2017, the Plaintiff was sentenced to a judgment confirming that the adoption of the instant case is null and void.

Seoul Family Court (Seoul Family Court 2016ddan305795). e.

According to the result of the court's entrustment of the appraisal of medical records for the Korea University Cancer Hospital, the plaintiff was found to lack of recognition ability to purchase goods from around May 2014 to the extent that it is impossible for the plaintiff to purchase goods due to going out without his/her guardian or nurse's help.

F. On May 20, 2013, the Plaintiff concluded an insurance contract with Samsung Life Insurance Co., Ltd. on May 20, 201 and terminated on September 15, 2014.

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