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(영문) 대전지방법원서산지원 2015.12.16 2015가단53669
청구이의
Text

1. The Defendant’s payment order with executory power in Seosan Branch of Daejeon District Court 2014 tea624 against the Plaintiff.

Reasons

Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a claim that a person who has engaged in the act of arranging sexual traffic, or a person who has employed a person who has engaged in the act of selling sex with respect to the act of arranging sexual traffic shall be null and void regardless of the form or title of the contract. The illegal consideration as stipulated under Article 746 of the Civil Act refers to an act causing such illegal consideration is contrary to good morals and other social order. The act of inducing and coercing the act of prostitution and the act of inducing and coercing it is contrary to good morals and other social order. As such, money, valuables and other property gains, etc. provided as the means of inducing, soliciting and coercing sexual traffic, while employing a person who has engaged in the act of prostitution, may not be claimed as illegal consideration, and furthermore, if the economic benefits that have been paid or related to the act of selling sexual traffic as well as the economic benefits that have been directly provided as direct consideration for the act

(see, i.e., Supreme Court Decision 2011Da65174, Jun. 14, 2013). In addition, Article 44(2) of the Civil Execution Act does not apply to the assertion of an objection against a claim against a payment order (where a judgment was rendered without holding any pleadings, the grounds therefor shall have arisen after the judgment was rendered).

(3) In full view of the entries in Gap evidence Nos. 1 through 5 and the purport of the entire pleadings (in particular, reference materials submitted by the defendant on November 30, 2015), the defendant paid prepaid money, etc. to the plaintiff after employing the plaintiff, while becoming aware of the fact that sexual traffic was conducted after employing the plaintiff, and the defendant received the payment order for loans from Seosan Branch of Daejeon District Court 2014 tea624 based on the above claim.

3.2

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