1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire arguments in each of the statements in Gap evidence Nos. 1 through 3 (including additional numbers), the defendant borrowed 29 million won from the plaintiff on October 30, 2002, interest rate of 50% per annum, maturity date of payment by April 28, 2003, and co-defendant C of the first instance trial can recognize the fact that the above debt was jointly and severally guaranteed by the defendant.

B. Therefore, the Defendant is jointly and severally liable to pay the amount of debt of KRW 29 million and interest or delay damages to the Plaintiff jointly and severally with the co-defendant C of the first instance trial, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The gist of the assertion is that the Plaintiff is a non-registered credit service provider. The five-year extinctive prescription under Article 64 of the Commercial Act was completed because the instant loan claims constitute claims arising out of commercial activities.

(1) In addition to the above assertion, the Defendant asserted that the Defendant’s claim for the instant loan constitutes illegal consideration under Article 746 of the Civil Act, which was received from the Plaintiff in exchange for the introduction of an illegal massage place in which sexual traffic was conducted in order to repay his or her pre-paid debt incurred during work at entertainment taverns, constitutes illegal consideration under Article 746 of the Civil Act. The Defendant asserts that even if the instant loan claim is valid, at least seven to eight months of work at the place of massage proceedings, the principal was repaid at least once during the said period of seven to eight months. However, as seen earlier, as long as the statute of limitations for the instant loan claim is deemed to have expired, this part of the Defendant’s assertion is not further determined

Judgment

In full view of the records of evidence No. 2, evidence No. 2 and the purport of the whole pleadings against the defendant of the party concerned, the plaintiff from January 27, 2003 to the defendant of the party concerned.

3. By March 3, 200, an office of credit business has been set up in the name of “E” in Full-Time Seoul Metropolitan City D, and the registration of credit business and the protection of finance users by conducting unregistered credit business.