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(영문) 서울중앙지방법원 2016.11.16 2016가단77224

증여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion and judgment claim against the Defendant, alleging that the Defendant had been able to assist the Defendant to become a civilian person and received KRW 200,000,000,000, and that the Defendant was paid KRW 200,000.

On October 19, 2006, according to the evidence No. 1, the defendant acknowledged the fact that a notary public, who is obligated to pay KRW 200 million to the plaintiff on October 19, 2006, prepared a certificate under Law No. 4083. However, the "legal act in anti-social order" under Article 103 of the Civil Act includes not only cases where the contents of rights and obligations, which is the object of the legal act, violate good morals and other social order, but also cases where the legal act is legally forced, or where conditions or money is not contrary to the social order, or where the legal act is contrary to the social order, and the motive of the legal act indicated or known to the other party is contrary to social order (see, e.g., Supreme Court Decision 2009Da37251, Sept. 10, 2009). Since the defendant's payment of KRW 200 million to the plaintiff as consideration for the defendant's non-speed, it is unreasonable to deem the contents of the plaintiff's right and duty as invalid.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.