Where litigation can be conducted only when a special representative has been appointed;

Where the other party intends to conduct litigation against a person who has no capacity to perform the litigation due to lack of normal decision-making ability or arctal ability due to a mental cerebral cerebral cerebral cerebral Bribery in a state of mental medicine, he/she shall be appointed by the court of the lawsuit as a special representative for such person, if the other party is incompetent or quasi-incompetent.

Articles 55 and 58 of the Civil Procedure Act

Bank of Korea

The number of background

Busan District Court (86 Gohap1900)

1. Revocation of the original judgment;

2. The instant lawsuit shall be dismissed.

3. The costs of lawsuit shall be borne by the plaintiff in both the first and second instances.

The original judgment shall be revoked.

The defendant shall pay to the plaintiff 29,902,186 won with 24,159,195 won with 18% per annum from November 10, 1983 to January 22, 1984; and 19% per annum from the next day to the full payment date.

The costs of lawsuit shall be borne by the defendant in both the first and second instances and a declaration of provisional execution.

Before making a decision on the merits by the plaintiff's appeal, the court below's decision, the witness Kim Jong-ta,

In full view of the testimony of Kim Jong-su's testimony and the judgment of the court below's physical examination result of the head of the Busan University Hospital, the defendant was diagnosed on January 31, 1931 as an adult male male male male or the brain damaged on March 1969, and there was a high level of memory disorder with the abstract accident ability and social judgment ability, and there was a high degree of memory disorder. In addition, since the symptoms of the present symptoms were diagnosed as a pulmonary cerebrovascular (Dementia conditions) in the form of mental medicine, it is recognized that the present symptoms were diagnosed as a pulmonary cerebriform in the form of mental medicine, and that the defendant lives with the wife every day.

The above facts shall be based on the above symptoms, and the defendant is a person lacking capacity to perform a litigation due to lack of normal decision-making or market-making capacity due to the above symptoms, and in such a case, a person who intends to conduct litigation against the defendant who is not declared quasi-incompetent or incompetent shall be appointed from the court of the lawsuit as a special representative for the defendant. However, even though the plaintiff was ordered to correct the defects in the above litigation capacity of the defendant by means of special representative appointment, etc. from the party members, the plaintiff did not correct the defects within the prescribed period. Thus, the lawsuit of this case is ultimately illegal for the litigation requirements.

Therefore, the plaintiff's lawsuit of this case shall be dismissed, and since the original judgment is unfair because it has made a decision on the merits with an excessive emphasis on this point, the original judgment is revoked, and the plaintiff's lawsuit of this case shall be dismissed, and the costs of lawsuit shall be borne by the plaintiff who has lost all the first and second trials and shall be decided as per Disposition.

Judges Lee Jin (Presiding Judge)