대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit.
1. The Plaintiff, on November 10, 201, determined and lent 2,00,000 won to C on January 5, 2018 at an annual interest rate of 25%, with the maturity of KRW 2,00,00,00, and the Defendant, on the same day, jointly guaranteed the above loan obligations owed by C within the limit of KRW 3,00,000 (hereinafter collectively referred to as “loan agreement and joint and several guarantee agreement of this case”), may be recognized either as a dispute between the parties, or as a whole, by taking into account the entries in evidence No. 1, and the purport of the entire pleadings.
According to the above facts, the defendant is obligated to pay to the plaintiff 2,00,000 won with interest or delay damages calculated at the rate of 25% per annum, which is the agreed interest rate from November 10, 2017 to the date of full payment, within the scope of 3,00,000 won, unless there are special circumstances.
2. Judgment on the defendant's defense of invalidation
A. The Defendant’s assertion that the instant lending contract was concluded on condition that C engages in sexual traffic under the management of D, and thus, it is null and void as it constitutes “a claim held by a person who has arranged sexual traffic, etc. to engage in the act of arranging sexual traffic, etc., against a person who has engaged in the act of selling sex in relation to such act.”
B. Article 10 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. 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 with regard to such act shall be null and void regardless of the form or name of the contract. The illegal consideration as stipulated under Article 746 of the Civil Act refers to a case where the underlying act is contrary to good morals and other social order. The act of inducing and coercing a person to do so is contrary to good morals and other social order. Thus, in employing a person who has sexual intercourse, the means of compelling the person to induce sexual traffic.