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(영문) 인천지방법원 2020.08.21 2019가합61310
대여금반환 청구의 소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence evidence Nos. 2 and 3 as to the cause of the claim, the Plaintiff may recognize the fact that, around June 26, 2015 and July 3, 2015, the Plaintiff loaned a total of KRW 300,000 to the Defendant (i.e., loan KRW 100,000,000 as of June 26, 2015; KRW 200,000,000 as of July 3, 2015; hereinafter “instant loan”) as of June 30, 2016 on the date of maturity. Meanwhile, the Plaintiff was paid KRW 10,00,000 as the repayment of the instant loan, and the Plaintiff was paid KRW 10,000,000 as of July 15, 2016.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 90,000,000 (i.e., the above KRW 300,000,000 - the above KRW 110,000,000 - the above KRW 100,000,000) and damages for delay.

2. The Defendant asserted that the instant loan constitutes illegal consideration with the money offered as a bribe to Da, Incheon Metropolitan City. As such, the term “illegal cause” under Article 746 of the Civil Act refers to a case where the act causing it violates good morals and other social order (see, e.g., Supreme Court Decision 2004Da27488, 27495, Sept. 3, 2004). The act of anti-social order invalidated under Article 103 of the Civil Act not only violates good morals and other social order, but also includes a case where the contents of the right and duty, which is the object of the legal act, violate good morals and other social order (see, e.g., Supreme Court Decision 2004Da27488, 27495, Sept. 3, 2004).

In full view of the purport of the entire pleadings, E, which the Plaintiff was an election campaign manager D on June 26, 2015 in the relevant criminal case.

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