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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 29, 201, the Defendant prepared and delivered to the Plaintiff a loan certificate of KRW 103,00,000, and the due date for repayment as of September 28, 2012 (hereinafter “the instant loan certificate”).
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff lent 103,00,000 won to the defendant as stated in the loan certificate of this case. Thus, the defendant is obligated to pay the plaintiff 103,00,000 won and damages for delay to the plaintiff. 2) The defendant's assertion that 10 years prior to the 10 year period, the defendant worked as an entertainment receptionist in the entertainment drinking house, and borrowed 20,000,000 won from the owner of the business as a prepaid payment. The above 20,000,000 won added the amount of credit which had not been paid from the customers, which is the sum of the above 103,00,000 won, the plaintiff arbitrarily prepared the loan certificate of this case. Thus, the above loan was due to a contract promising the compensation for damages for the non-performance of a labor contract, and it constitutes a violation of good customs and other social order, and thus the plaintiff cannot demand the return thereof to the defendant.
B. It is not sufficient to recognize that the Plaintiff lent KRW 103,00,000 to the Defendant solely on the basis of each of the evidence evidence Nos. 1 and 2, and there is no other evidence to prove otherwise.
Meanwhile, since the act of prostitution and the act of coercioning it violates good morals and other social order, money and valuables provided as illegal consideration, such as prepaid money, etc. used as a means of compelling the inducement of sexual traffic, and other property profits cannot be claimed as return thereof in the event that a person who has recruited or arranged a person to engage in the act of prostitution employs and recruited a person to engage in such act.