청구이의
1. A certificate of loan No. 16, 2009 issued by the Defendant’s notary public against the Plaintiff is a certificate of joint and several law office.
1. Facts of recognition;
A. On January 7, 2009, the Plaintiff, the Defendant, and D drafted a notarial deed as stated in paragraph (1) of this Article, stating that “D, on January 7, 2009, borrowed KRW 18 million from the Defendant on a fixed date as of February 7, 2009, and the Plaintiff is jointly and severally guaranteed and recognized the Defendant’s compulsory execution.” (hereinafter “instant notarial deed”).
B. At the time of the instant notarial deed, the Plaintiff and D were engaged in sexual traffic, and the instant notarial deed was prepared as a repayment of prepaid, introduction, living expenses, etc. related thereto.
On January 7, 2009, the Plaintiff, the Defendant, and D drafted a notarial deed to the effect that only the debtor and joint guarantor are replaced on the same day, “the Plaintiff borrowed KRW 18 million from the Defendant on February 7, 2009 as due date for payment, and D is jointly and severally guaranteed, and the Defendant’s compulsory execution is recognized.” (No. 17, 2009).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a claim against a person who has engaged in an act of arranging sexual traffic or a person who has employed a person who has engaged in an act of selling sex in connection with the act of arranging sexual traffic shall be null and void regardless of the form or title of the contract. The illegal consideration as stipulated under Article 746 of the Civil Act refers to the case where the act of causing it is contrary to good morals and other social order. Since the act of inducing and coercing sexual intercourse and the act of inducing and coercing it is contrary to good morals and other social order, money, valuables, other property gains, etc. provided as a means of inducing, soliciting and coercing sexual traffic in employing a person who has sexual intercourse constitutes illegal consideration and may claim the return thereof.