대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination on the cause of the claim
A. The Plaintiff is recognized as having been from March 23, 2014 to the same year.
3. By 24. Around 24.20, the Defendant lent a total of KRW 5,000,000 per time to the Defendant without setting the due date for repayment as interest.
(hereinafter “instant loan”). 【No dispute exists, A’s evidence No. 1, and the purport of the entire pleadings.”
B. According to the above facts, the defendant is obligated to pay the Plaintiff the leased principal amount of KRW 5,00,000,000 and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's defense
A. The Defendant’s assertion that the Defendant borrowed money from the Plaintiff for the purpose of gambling. As such, the instant loan agreement between the Plaintiff and the Defendant is null and void by anti-social order, and accordingly, the Plaintiff cannot seek the return of the instant loan for illegal consideration to the Defendant.
B. 1) Determination 1) The grounds for prohibition of a claim for restitution of unjust enrichment under Article 746 of the Civil Act refer to the causes of the act that contravenes good morals and other social order. An act of anti-social order which becomes null and void under Article 103 of the Civil Act refers not only to a case where the contents of the rights and obligations, which are the object of the juristic act, violate good morals and other social order, but also to a case where the contents of the juristic act violate good morals and other social order, and even though the contents themselves are not contrary to social order, they are legally forced or juristic acts go against social order, and where the motive of the juristic act indicated or known to the other party is anti-social order (see, e.g., Supreme Court Decision 2009Da12580, May 27, 2010). (1) The Plaintiff is a person who operates the party headquarters under the trade name of "D party head" located in Bju City, and the Defendant is a person who is engaged in debt retail business at Bju.