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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the judgment of the new argument that was made in this case to the court below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Although the Plaintiff did not retain the current assets worth KRW 10 billion, the Plaintiff, as if he were holding the book of account, paid a fee of KRW 300 million to the Defendant in consideration of the fact that the Plaintiff received short-term loans from the bond company for the purpose of hiding debts, raising funds, evading taxes, etc., and then received false certificates of deposit balance from the bond company.
The above fee payment agreement is an act contrary to good morals and other social order as stipulated in Article 103 of the Civil Act, and thus, the fee paid by the Plaintiff pursuant to such agreement constitutes illegal consideration.
Therefore, the Plaintiff cannot seek the return of the objection against the Defendant.
B. Even if a person who provided property for one illegal cause receives the other party’s “illegal cause” processed the other party’s “illegal cause,” the person who provided the benefits of the other party’s property may not claim compensation for damages arising from the other party’s tort, barring any special circumstances where it may be deemed that the other party’s illegal cause exists only to the other party, or his illegality is significantly larger than the illegality of the benefits provider, and thus, it may not be deemed that the benefits of the benefits of the other party’s tort would not
In such a case, if we accept the above claim for damages, it is nothing more than the return of the benefit itself or the economic same of the benefit it paid by the provider, and Article 746 of the Civil Code.