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1. The Defendant’s notary public against the Plaintiff was the deed of April 1, 2015, drawn up on April 1, 2015.
Reasons
1. Basic facts
A. From April 1, 2015 to April 20, 2015, the Plaintiff worked at C Branch Offices located in Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant Branch Offices”).
B. On April 1, 2015, the Defendant lent KRW 10 million to the Plaintiff (hereinafter “instant loan”), and deposited KRW 4 million in the Plaintiff’s account, and transferred the remainder KRW 6 million to D’s account as the bond company.
C. On April 1, 2015, with respect to the instant loan, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with a notary public as stipulated in No. 134 of the 2015 General Law Office of Port and Port (No. 134), setting the maturity date as 25% per annum and 25% per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant loan was made by the Defendant on the premise that the Plaintiff was engaged in sexual traffic while working at the instant main shop, and thus, constitutes a juristic act contrary to social order stipulated in Article 130 of the Civil Act and thus null and void.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
B. Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a claim against a person who has engaged in an act of arranging sexual traffic or a person who has employed a person who has engaged in an act of selling sex with respect to the act of arranging sexual traffic shall be null and void regardless of the form or title of the contract. The illegal consideration as stipulated under Article 746 of the Civil Act refers to a case where the cause of the illegal consideration is contrary to good morals and other social order. Since the act of inducing and coercing a person to engage in sexual intercourse is contrary to good morals and other social order, it is used as a means of inducing, soliciting and coercing sexual traffic while employing a person who has engaged in sexual intercourse.