대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff asserted that: (a) on May 18, 200, the Plaintiff lent the loan amount of KRW 35,000,000 (hereinafter “the loan amount of this case”) to Defendant B on a yearly basis; and (b) on August 18, 2008, Defendant C jointly and severally guaranteed the above loan amount of KRW 35,00,000; and (c) the Defendants jointly and severally and severally liable to pay the Plaintiff the interest amount of KRW 51,521,917, July 15, 2014 at the rate of KRW 31,236,301,00,000,000; and (d) on a yearly basis of the rate of interest rate of KRW 30,521,917, KRW 30,000,00,000; and (e) on an annual basis of the rate of interest rate of KRW 25,201, KRW 238,2018.
B. Defendant B’s assertion of this case constitutes the so-called advance payment that lends money on the premise of sexual traffic, and thus is null and void as illegal consideration, there is no obligation to repay.
2. Determination:
A. “Juristic act contrary to 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 juristic act, violate good morals and other social order, but also cases where the juristic act has the nature of anti-social order because it is legally forced or its contents are associated with conditions or monetary consideration contrary to the basis of social order, and where the motive of the juristic act indicated or known to the other party is anti-social order.
(See Supreme Court Decisions 9Da56833, Feb. 11, 2000; 2009Da37251, Sept. 10, 2009). Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that claims against a person who has engaged in an act of arranging sexual traffic, etc. or a person who has employed a person who has engaged in an act of selling sex shall be invalidated regardless of the form or name of the contract, and claims against a person who has engaged in an act of arranging sexual traffic or who has engaged in an act of selling sex shall be prohibited from filing a claim for return of unjust enrichment.