beta
(영문) 서울중앙지방법원 2016.11.16 2016가단52898

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion and judgment are based on the following: (a) the Defendant and the Defendant provided the necessary education for the Defendant to be infinite upon receipt of the right to life in the forest; and (b) the Plaintiff prepared a notarial deed that the Defendant would pay KRW 250 million to the Plaintiff, including the cost of the right to life in the forest and KRW 50 million for educational expenses; (c) and (d) the Defendant would seek payment of the remainder after deducting KRW 50 million paid by the Defendant based on the said notarial deed and the damages for delay.

On April 6, 2009, according to the evidence evidence No. 1, the defendant acknowledged that a notary public, who is obligated to pay KRW 250 million to the plaintiff on April 6, 2009, prepared a certificate under No. 108, a law firm 2009. However, the "legal 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 legal act, violate good morals and other social order, but also cases where the legal act is legally forced or its contents are not contrary to social order, but also cases where the legal act becomes contrary to social order, and the motive of the legal act indicated or known to the other party is contrary to social order (see, e.g., Supreme Court Decision 2009Da37251, Sept. 10, 2009). Since the defendant's payment of KRW 200,000,000,000,000,00,00).

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.