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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
According to the evidence Nos. 1 and 4 of the judgment as to the cause of the claim, the defendant agreed to borrow KRW 30,000,000 from the plaintiff on February 2, 2012 to return at any time at the request of the plaintiff, and the plaintiff demanded the defendant to pay the above money to the defendant by March 31, 2014, respectively.
According to the above facts, the defendant is obligated to pay to the plaintiff 30,000,000 won with 5% per annum as stipulated by the Civil Act from April 1, 2014 to June 3, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
The defendant's assertion as to the defendant's assertion is that the defendant received the expenses for "online transfer" from the plaintiff as a business subsidy, and thus there is no obligation to repay such expenses. Even if the above money is a loan, the above money cannot be claimed as illegal consideration.
Judgment
As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and contents of the declaration of intent as stated in the disposal document, unless there is any clear and acceptable counter-proof that the contents of the document are denied. This part of the defendant's assertion is without merit, since there is no evidence to acknowledge that the plaintiff's payment of KRW 30 million to the defendant is not a loan but a business subsidy.
In addition, money, valuables, and other property gains provided as illegal consideration, which are used as means of inducing, soliciting, and coercioning sexual traffic, cannot be claimed for the return of such money, valuables, and other property gains. Furthermore, the economic benefits provided as direct consideration of sexual traffic as well as the economic benefits paid on the premise of sexual traffic or related to sexual traffic.