The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the following determination is added to the Defendant’s assertion regarding illegal consideration, and thus, this is citing the reasoning of the judgment of the court of first instance.

According to Article 746 of the Civil Act, in a case where the benefit constitutes illegal consideration and there is an illegal cause to the provider, the beneficiary may not seek the return of the illegal consideration, regardless of whether the benefit constitutes illegal consideration or whether the illegality of the beneficiary is larger than that of the provider. However, deeming that the beneficiary’s illegality is significantly larger than that of the provider, and if it is not so, the provider’s demand for return is not permissible even if it is weak, it violates the principle of good faith and fair and good faith. In such a case, the application of the main sentence of Article 746 of the Civil Act is excluded, and thus, the provider’s demand for return is allowed (see, e.g., Supreme Court Decisions 93Da12947, Dec. 10, 1993; 95Da49530, 4947, Oct. 24, 1997; 200, the representative of the appellate court, who was found guilty of the Plaintiff’s money fraud and 10 billion won for the purpose of 10.

There is no material suggesting that the street for public officials of Seoul was for the plaintiff.

. The above lending of money, even if any.