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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Summary of the parties' arguments
A. On August 4, 2008, the Plaintiff lent KRW 15,00,000,000 borrowed from the “niven loan” to Defendant B, and drafted an agreement on a monetary loan loan with the lending limit of KRW 18,00,000 and interest rate of KRW 4%. Defendant C jointly and severally guaranteed Defendant B’s above loan obligation.
However, since Defendant B did not repay the above loan to the Plaintiff, the Defendants are jointly and severally liable to pay the Plaintiff the above 18,000,000 won and damages for delay.
B. Defendant B borrowed the above KRW 15,00,000 from the Plaintiff on condition that the Plaintiff would engage in sexual traffic at a entertainment establishment through the “news room” operated by the Plaintiff. Thus, this constitutes illegal consideration and constitutes illegal consideration, and the Plaintiff cannot seek reimbursement of the above loan against the Defendants.
2. Determination
A. Since soliciting, soliciting, arranging, or compelling, or cooperating with, the act of prostitution for the purpose of profit-making is in violation of good morals and other social order, a claim held against a person who has a business-related prostitution is null and void regardless of the form of a contract (see Article 103 of the Civil Act, Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Supreme Court Decision 2004Da2748, 27495, Sept. 3, 2004). The illegal consideration as prescribed in Article 746 of the Civil Act refers to a case where the act of causing the illegal consideration is prohibited by the prohibition of a claim for return of unjust enrichment goes against good morals and other social order. Thus, money, valuables, other property gains, etc. provided as a means of inducing, soliciting, or compelling sexual traffic while employing a person who has a prostitution, cannot be claimed for return of the illegal consideration.