가불금
1. Of the judgment of the court of first instance, the part against the respondent in excess of the following order of payment shall be revoked and that part shall be revoked.
1. Facts of recognition;
A. On November 5, 2009, the Plaintiff loaned 4 million won to the Defendant as of December 5, 2009.
B. C lent KRW 3 million to the Defendant on December 2, 2009, and the Plaintiff jointly and severally guaranteed the Defendant’s above loan obligation against C, and on December 2009, performed the said joint and several obligation upon the request of the policeman C on December 2, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 3, Eul evidence 6, Eul's testimony and the purport of whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 7 million in total with the above loan and the amount of KRW 4 million with 5% per annum as stipulated in the Civil Act from December 6, 2009 to July 10, 2013, which is the day following the due date for repayment, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and with respect to KRW 3 million, with 5% per annum as stipulated in the Civil Act from January 1, 2010 to September 30, 2013, which is the day when the Plaintiff paid the above debt to C, and with respect to the amount of KRW 3 million, the interest per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defendant's defense
A. Defendant’s defense (i.e., the Defendant borrowed KRW 4 million from the Plaintiff on condition that the Defendant worked as D employee operated by the Plaintiff and cooperate in sexual traffic, which constitutes illegal consideration and thus, the Defendant is not obliged to pay it.
See The Defendant, while serving in the above D, paid to the Plaintiff more than KRW 30 million with the expenses of angles, etc., and thereby, repaid all the loan obligations to the Plaintiff.
Article 24(1) of the Civil Act provides that the Plaintiff shall pay the Plaintiff the amount of the deposit.