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(영문) 광주지방법원 2017.01.17 2016가단30697
청구이의
Text

1. No. 2386, Nov. 8, 2010, the Defendant’s notary public against the Plaintiff was drafted on November 8, 2010.

Reasons

1. The following facts of recognition may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3.

On November 8, 2010 between the Plaintiff and the Defendant, a notary public, who has made the Defendant as the obligee and the Plaintiff as the obligor, prepared a notarial deed under a monetary loan agreement (hereinafter referred to as “notarial deed of this case”) No. 2386, 2010. The main contents are as follows.

Article 1 (Purpose) The creditor lent 16,50,000 won to the debtor on November 8, 2010, and the debtor borrowed it.

Article 2 (Period and Method of Payment) Debtors shall make a lump sum repayment by December 8, 2010.

Article 3 (Interest) Interest shall be paid at the rate of 30% per annum.

Article 9 (Recognition of Compulsory Execution) When an obligor has failed to perform a pecuniary obligation under this contract, the obligor recognized the absence of objection even through compulsory execution.

B. On November 2010, the Defendant received 18 million won advance payment and 3 million won advance payment from D’s business owner of a sexual traffic business establishment “C,” and introduced employment contracts between the Plaintiff and the Plaintiff for sexual traffic, thereby allowing them to engage in the conduct of selling sex, and received the payment for the same.

C. On December 2010, the Defendant: (a) concluded an employment contract for sexual traffic between F and the Plaintiff for the sake of sexual traffic; (b) as a result, the Defendant introduced and arranged an occupation in order to engage in sexual traffic by receiving half of the share of 50% from F in the amount of sexual traffic; and (c) received the payment for the same.

The defendant introduced a commercial sex business establishment to the plaintiff and received a loan from the price of commercial sex acts.

2. The judgment of the court below is that the defendant's loan claims against the plaintiff on the basis of the notarial deed of this case committed an act of arranging sexual traffic under Article 10 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. or an act of selling sex by a person who employs a person who has engaged in an act of selling sex.

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