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1. The Defendant’s KRW 31,760,721 as well as the Plaintiff’s KRW 5% per annum from January 11, 2015 to December 22, 2016.
Reasons
1. As to the lawsuit of this case where the plaintiff filed a claim against the defendant for the return of the deposit amount of the plaintiff withdrawn by the defendant against the defendant, the defendant asserts that the lawsuit of this case should be dismissed as it is unlawful since the plaintiff delegated the attorney's right to representation to the attorney under the condition that the plaintiff has no mental capacity due to dementia and island.
The mental capacity means the mental ability or intelligence to reasonably determine the meaning or result of his act based on normal perception and towing. The effects of the procedural acts conducted by a person without mental capacity should be determined by individual procedural acts in full view of various circumstances, such as the degree of his mental capacity, the nature and effects of the pertinent procedural acts.
(2) On July 23, 2015, the Plaintiff, at the time of filing the instant lawsuit, did not have any dispute between the parties regarding the old age of 89 years. However, it is difficult to readily conclude that the Plaintiff was in a state of absence of mental capacity at the time of delegating the instant lawsuit to an attorney-at-law at the time of commissioning the instant lawsuit, and there is no other evidence to acknowledge this differently.
In addition, the lawsuit of this case can be recognized as a litigation since it is for his own interest in that it confers the power of attorney on the lawsuit for his own interest.
Therefore, the defendant's main defense is without merit.
2. Judgment on the merits
A. The following facts may be acknowledged in light of the purport of the whole pleadings in each of the statements in Gap evidence Nos. 1, 2, 3, 5, and 6.
The Defendant’s mother, as the Defendant’s mother, is a disease, such as pulmonary dye, and the Central University Hospital from October 29, 2014 to November 26, 201 of the same year, from December 4 to January 10, 2015, and from January 10, 2015 to January 14 of the same year.