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(영문) 수원지방법원 2016.08.11 2015가단135800
청구이의
Text

1. The Defendant’s notary public Co., Ltd. against the Plaintiff entered into a monetary loan agreement on July 18, 2012, No. 1128, 2012.

Reasons

1. On July 18, 2012, the Plaintiff entrusted a notary public’s office C with the preparation of a notarial deed of a monetary loan agreement with the content that the Plaintiff borrowed from the Defendant at an interest rate of KRW 10 million per annum and January 18, 2013 (hereinafter “notarial deed of this case”). On the same day, the Plaintiff was in receipt of a notarial deed with the said content on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The plaintiff's assertion and judgment

A. The Plaintiff’s claim is that the amount of debt of the notarial deed of this case constitutes a prepaid payment used as a means of coercion to attract sexual traffic, and thus is null and void as it is in violation of the mandatory law. Therefore, compulsory execution based on the notarial deed of this case

B. Determination 1) Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that a claim that a person who has engaged in the act of arranging sexual traffic, or a person who has employed a person who has engaged in the 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 the case where the act of causing sexual intercourse and the act of inducing sexual intercourse is contrary to good morals and other social order. Since the act of inducing sexual intercourse is contrary to good morals and other social order, in employing a person who has sexual intercourse, money, valuables, other property gains, etc. provided as the means of inducing sexual traffic to induce sexual intercourse constitutes illegal consideration and cannot be claimed (see Supreme Court Decision 2004Da27488, 27495, Sept. 3, 2004). Furthermore, the economic benefits that have been directly provided for sexual traffic as well as the economic benefits that have been paid or related to sexual traffic cannot be claimed (see, 13.6.

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