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1. Defendant B’s KRW 45,00,000 as well as 5% per annum from April 10, 2013 to November 27, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is operating a studio-gu entertainment business in the name of Gangnam-gu D, “E” (the so-called “studio-gu”).
B. Defendant B, while having to work at the Plaintiff’s business establishment around April 2012, received KRW 45 million from the Plaintiff, and Defendant C, who is a “mast” in charge of attracting and managing customer loans at the same business establishment, jointly and severally guaranteed the Defendant B’s obligation to return the aforementioned advance payment.
C. After that, the Plaintiff urged Defendant B to return the prepaid payment paid by the Plaintiff on the ground that Defendant B did not continue to work at the Plaintiff’s business place without running his business.
[Based on recognition] As to Defendant B: Confession (Article 208(3)1 of the Civil Procedure Act)
2. According to the facts seen earlier prior to Defendant B’s claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 45 million advance payment and the amount of delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from April 10, 2013 to November 27, 2014, which is the day following the date of the final delivery of a copy of the instant complaint, from April 10, 2013 to the day of the instant judgment, and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. Thus, the Plaintiff’s claim against
3. Claim against Defendant C
A. According to the above facts of recognition, Defendant C is jointly and severally liable with Defendant B to pay the Plaintiff KRW 45 million and its delay damages, barring any special circumstance.
B. The Plaintiff cannot claim the return of the advance payment that Defendant C received from the Plaintiff as the means of inducing and coercing sexual traffic, which constitutes illegal consideration.
(2) The following circumstances, i.e., the Plaintiff, etc., may recognize each of the evidence mentioned earlier and each of the evidence set forth in Nos. 1 through 6 (including additional numbering) by considering the whole purport of the pleading.