1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. As to the cause of claim

A. The facts of recognition (1) around 2009, the defendant was in the position of the temporary head of D religious organization and the chief of the KM as a "C" under the name of law, and was in the position of the chief of D religious organization and the appointment of the chief of the KM, and around that time, the plaintiff was affiliated with the above religious group as the "E" under the name of the law.

(2) On November 2009, the Plaintiff and the Defendant agreed to the effect that “The Plaintiff shall pay KRW 100 million to the Defendant on the condition that the Defendant would appoint the Plaintiff as a widely known person G located in North Korea at the port where the Plaintiff was affiliated with D religious organizations.”

(3) The Plaintiff paid 100 million won to the Defendant on November 5, 2009 in accordance with the instant agreement.

(4) Around 2011, the Defendant was indicted on suspicion that “the Defendant received KRW 100 million in return for appointing the Plaintiff as G chief public official and received property in breach of trust.”

(Ulsan District Court 201No. 2424). On December 12, 2013, the above court found the Defendant guilty of charges and sentenced the Defendant to a suspended sentence of two years and a penalty of 100 million won for a year of imprisonment. The above judgment became final and conclusive around September 2014 by dismissal of appeal and final appeal.

(Ulsan District Court 2014No11, Supreme Court 2014Do9838). [Grounds for recognition] There is no dispute, Gap 1 through 4, 9, Gap 13-1 through 3, Eul 13-1, the purport of the whole pleadings.

B. The instant agreement is deemed null and void in accordance with Article 103 of the Civil Act, since it is contrary to good morals and other social order as it includes the Defendant’s criminal act of taking property in breach of trust.

Since the instant agreement is null and void, the Defendant would have acquired 10 million won, which was paid pursuant to the said agreement, without legal grounds.

Unless special circumstances exist, the defendant is obligated to pay to the plaintiff unjust enrichment of 10 million won and delay damages therefor.

2. As to the assertion regarding illegal consideration

A. The Plaintiff’s major assertion (1) payment of KRW 100 million by the Defendant constitutes illegal consideration under the main text of Article 746 of the Civil Act, and thus, the Plaintiff cannot seek the return thereof to the Defendant.