Text
1. The Plaintiff’s debt amounting to KRW 12 million is not nonexistent.
Reasons
1. Facts of recognition;
A. The Defendant operates an entertainment tavern with the trade name “H” in Daegu Suwon-gu I.
B. Around November 2013, the Defendant employed the Plaintiff and D as a entertainment entertainment agent. Around November 201, the Defendant lent 4 million won each as the prepaid payment of the business establishment that had worked before being mutually guaranteed to them, such as the details of the obligations attached to the Defendant. The Plaintiff and D have acquired entertainment expenses while engaging in sexual traffic at H entertainment bars since that time.
C. After that, the Defendant, like the same details on December 2013, again lent KRW 2 million to the Plaintiff and D with the debt repayment funds to the bond company under mutual guarantee. D.
Until June 2014, Plaintiff and D worked in H entertainment tavern.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness D's testimony, purport of whole pleadings
2. Determination:
A. 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, etc. or a person who has employed a person who has engaged in an act of selling sex with respect to such act shall be null and void regardless of the form or title of the contract. The illegal consideration as provided by Article 746 of the Civil Act refers to a case where the act of causing it is contrary to good morals and other social order. The act of inducing and coercing a person to do so is contrary to good morals and other social order. As such, money, valuables and other property gains, etc. provided as a means of inducing, soliciting and coercing sexual traffic while employing a person who has sexual intercourse, cannot be claimed as illegal consideration, and furthermore, it is premised on or related to sexual traffic as well as the economic benefits that have been provided as direct consideration for sexual traffic.