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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. In full view of the purport of Gap evidence No. 1's statement and the whole argument as to the cause of the claim, the defendant shall pay the plaintiff 22,60,000 won per day on March 12, 2004; 5,000,000 won out of the above amount; and the remaining 17,600,000 won until June 12, 2004 shall be repaid; and 6,000,000 won until April 12, 2004; and 6,000,000,000 won until May 12, 2004; and 5,60,60,000,000 won until June 12, 2004; and 200,000 won shall be paid to the plaintiff as well as damages for delay under each of the following circumstances.
2. Judgment on the defendant's assertion
A. On the Defendant’s assertion, the Defendant asserts that each of the instant letters pertaining to KRW 15,00,000,000 on condition of sexual traffic, KRW 5,000,000 on the sexual traffic upon the Plaintiff’s solicitation, and KRW 22,60,000 on the aggregate of the expenses for the surrender for sexual traffic business for the purpose of sexual traffic, and KRW 26,60,000 on the performance of payment for sexual traffic business, and that there was no obligation to return it for illegal consideration under Article 746 of the Civil Act.
B. Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a claim against a person who has engaged in an act of arranging sexual traffic or a person who has employed a person who has engaged in an 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 under Article 746 of the Civil Act refers to a case where the cause of the act is contrary to good morals and other social order. Since the act of inducing sexual intercourse and the act of coercing such act is contrary to good morals and other social order, money, valuables and other property profits provided as the means of compelling the inducement, solicitation, etc. of sexual traffic, while employing a person who has engaged in sexual intercourse.