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(영문) 대구지방법원 2015.12.18 2015가단105084
청구이의
Text

1. The defendant's notary public against the plaintiff has the executive force No. 1233 of the 2006 Certificate 2006.

Reasons

1. The assertion and its judgment

A. The plaintiff asserted that around May 2006, the plaintiff introduced the defendant by allowing the non-party E, who worked for the above singing store, to offer a pre-paid payment. The defendant prepared and delivered to the defendant a notarial deed stating the purport of the claim under the name of the pre-paid payment on June 27, 2006. First, since the defendant and the above E provided a pre-paid payment to the plaintiff for the purpose of soliciting, inducing, and arranging commercial sex acts, such an agreement is null and void in violation of Article 103 of the Civil Act and Article 10 of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc., and the defendant's act of offering such pre-paid payment constitutes illegal consideration, and thus, it is not possible to claim the return of the money to the plaintiff.

Second, the Defendant asserts that the Defendant’s act of lending money from the Plaintiff constitutes a fundamental or auxiliary commercial activity of merchants and thus, the statute of limitations for commercial claims has expired five years after August 27, 2006, when the due date for payment was due.

In this regard, the defendant does not recommend, induce, or arrange commercial sex acts, and claims that the general civil extinctive prescription should be applied because it constitutes a case in which the general public has lent money in kind for the purpose of receiving interest.

B. It is insufficient to view that only the testimony of Gap evidence 2, Gap evidence 3-2, and witness F alone provided a prepaid payment to the plaintiff for the purpose of soliciting, inducing, and arranging sexual traffic, etc., and there is no other evidence to acknowledge this otherwise.

Therefore, the Plaintiff’s assertion is without merit without examining further issues.

C. According to the notarial deeds, which are documents submitted by the third party according to the order to submit documents, the judgment on the assertion of extinctive prescription is made from June 1, 2006 to December 1, 2007.

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