대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. We examine the determination on the cause of the claim; the Defendant borrowed KRW 9,80,00 from the Plaintiff on September 25, 2013 at the loan rate of KRW 39%, overdue interest rate of KRW 39%, and the loan period of KRW 10 months, without dispute between the parties or by taking account of the overall purport of the pleadings as a whole.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 9,800,000 and damages for delay.
2. Judgment on the defendant's assertion
A. The main point of the argument is that the defendant borrowed the above KRW 9,800,00 from the plaintiff as expenses for sexual surgery, but the plaintiff used the defendant to pay the above money by engaging in sexual intercourse, and thereafter, the defendant got the defendant to actually engage in sexual intercourse, so the above act of the plaintiff is null and void because it is in violation of good customs and other social order as a cooperation in sexual intercourse.
Therefore, the above loan constitutes illegal consideration, and the Plaintiff cannot seek the return thereof to the Defendant.
B. 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 a case where the cause of the illegal consideration is contrary to good morals and other social order. Since the act of inducing and coercing sexual traffic is contrary to good morals and other social order, money, valuables and other property provided as a means of inducing, soliciting and coercing sexual traffic while employing a person who has engaged in sexual intercourse.