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(영문) 부산지방법원 2016.02.02 2014가단252562

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant)’s loan of KRW 10,00,000 on October 15, 2012 and interest thereon.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff worked for “D” entertainment tavern located in the Dong-gu Busan (hereinafter “instant entertainment tavern”) between October 2012 and February 2013.

B. On October 15, 2012, the Defendant, who is a member of the instant entertainment tavern, who is a management member of a female employee, appears to have lent KRW 10 million to the Plaintiff on October 15, 2012 (hereinafter “instant loan”); on the same day, 90,000 won remaining after deducting KRW 100,000 from KRW 10,000,000,000 from the above 10,000,000,000 won as a “member” and then remitted the remaining KRW 9,000,000 after deducting KRW 1,000,000

B deposited into the bank account opened in the name of the Plaintiff.

[Judgment of the court below] The facts that there was no dispute over the ground for recognition, entry of evidence No. 1, testimony of witness E, purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 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 respect to 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 act of causing it is contrary to good morals and other social order. Since the act of inducing and coercing a person to do so is contrary to good morals and other social order, money, valuables, other property gains, etc. provided as a means of inducing, soliciting, coercion, or coercion of sexual traffic while employing a person who has engaged in a sexual intercourse constitutes illegal consideration, and furthermore, it is premised or paid on sexual traffic as well as economic benefits provided as direct consideration for sexual traffic.