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(영문) 부산지방법원 2016.02.02 2015가단232305

청구이의

Text

1. The Defendant’s notary public against the Plaintiff was a law firm Samyangyang, 2013, No. 628, February 13, 2013.

Reasons

1. Basic facts

A. From November 2012, the Plaintiff served in the “D” entertainment tavern located in Busan Dong-gu, Busan (hereinafter “instant entertainment tavern”).

B. On November 13, 2012, the Defendant, a member of the instant entertainment tavern, who is a management member of a female employee, entrusted the Plaintiff with the preparation of a notarial deed of a monetary loan agreement (hereinafter referred to as “notarial deed of this case”), stating that “the Defendant shall repay the instant loan to the Plaintiff by February 20, 2013, and pay interest calculated at the rate of 30% per annum by February 20, 2013,” which read that “the notarial deed of this case” was prepared on the same day.

[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. The assertion and judgment

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.