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(영문) 광주지방법원 2019.09.25 2019가단501084
청구이의
Text

No. 3820 of the deed of 2009 drawn up by C in December 22, 2009 by the defendant's notary public against the plaintiff.

Reasons

Basic Facts

On December 22, 2009, the Plaintiff drawn up a notarial deed of a loan for consumption (hereinafter “notarial deed of this case”) with the content that a notary public borrowed KRW 3820,000,000 from the Defendant as of December 22, 2009 from the Defendant as of January 21, 2010, by setting as the due date for payment of KRW 3820,000.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, summary of the plaintiff's assertion as to the purport of the whole argument by the parties to the plaintiff's assertion, is a prepaid bond which the defendant paid and taken over the plaintiff's prepaid debt on behalf of the plaintiff, and thus null and void in violation of Article 103 of the Civil Act. Even if it is not null and void, a compulsory execution based on the notarial deed of this case shall be dismissed, since the extinctive prescription has expired

The Defendant’s summary of the Defendant’s assertion is not a prepaid credit, but a loan credit, and thus, cannot comply with the Plaintiff’s claim.

Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. provides that the claim that causes a notarial deed of this case is null and void pursuant to Article 103 of the Civil Act shall be null and void regardless of the form or title of the contract in relation to the act of arranging sexual traffic, or that a person who employs a person who has engaged in an act of selling sex or who has engaged in an act of selling sex, shall be deemed null and void regardless of the form or title of the contract. The illegal consideration stipulated in Article 746 of the Civil Act for the reason that prohibition of a claim for return of unjust enrichment is prohibited refers to the case where the act of causing it is contrary to good morals and other social order. Since the act of prostitution and inducing and coercing it is contrary to good morals and other social order, money, valuables, other property profits, etc. provided as a means of inducing, soliciting and coercing sexual traffic while employing

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