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1. The Defendant’s notary public against the Plaintiff is an executory deed No. 1230 of the Changwon Law Firm Certificate, No. 2015.
Reasons
1. Under the name of “C”, the Defendant is a person who operated a prompt term “the instant entertainment room” to introduce and send entertainment workers to entertainment establishments (hereinafter “the instant place of business”). The Plaintiff was employed in the instant place of business and performed work.
On June 23, 2015, the Plaintiff borrowed KRW 15,00,000 in advance from the Defendant before being employed at the instant business establishment, and set the period of repayment as 20% per annum and June 23, 2016, respectively. The Plaintiff drafted a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) written in the purport of recognizing compulsory execution in the event of nonperformance.
[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1
2. Determination on the cause of the claim
A. The notarial deed of this case, which is the cause of the claim, was prepared on the premise of sexual traffic, or on the invalid claim against which a return cannot be requested as a loan paid in relation to sexual traffic, and thus, a compulsory execution cannot
The defendant paid a prepaid payment to the plaintiff and had him do sexual traffic, and the plaintiff suffered mental and physical pain thereby, and the defendant has a duty to do so in money.
B. Article 10 of the Act on the Punishment of Acts of Arranging 1, Etc. of Arranging notarial deeds provides that a claim against a person who has engaged in an act of arranging sexual traffic, etc. or who has offered or arranged the occupation thereof shall be null and void regardless of the form or name of the contract. The illegal consideration as provided by Article 746 of the Civil Act refers to the case where the act of causing illegal consideration as provided by Article 746 of the Civil Act is contrary to good morals and other social order. The act of soliciting and compelling a person to do so is good morals and others.