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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit.
Reasons
1. The Plaintiff’s determination as to the cause of the claim determined at the interest rate of KRW 2,00,000 per annum on November 10, 2017 and lent KRW 1,620,000 to the Defendant on January 13, 2018 (hereinafter “instant loan agreement”) may be recognized either as a dispute between the parties, or as a whole, by taking account of the respective entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.
According to the above facts, the defendant is obligated to pay the plaintiff the total amount of the loan of this case 3,620,000 won and interest or delay damages.
2. The defendant's assertion argues that this case's lending contract of this case was concluded on condition that the defendant conducts sexual traffic under the management of C, and thus, it constitutes "claim held by the person who conducts sexual traffic mediation, etc. to the person who has conducted sexual traffic brokerage, etc." under Article 10 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic and thus invalid.
Article 10 of the Act on the Punishment of Acts of Arranging sexual traffic and the Act on the Punishment of Acts of Arranging sexual traffic provides that claims which a person who has engaged in an act of arranging sexual traffic, etc. or a person who has employed a person who has engaged in an act of selling sexual intercourse with regard to such act shall be null and void regardless of the form or name of the contract. In light of the following circumstances that can be known by comprehensively taking into account the descriptions of evidence No. 1 and the entire purport of arguments, claims under the loan agreement in this case shall be deemed null and void since Article 10 of the Act on the Punishment of Acts of Arranging sexual traffic or a person who has employed a person who has engaged in an act of selling sexual intercourse with regard to such act constitutes claims that a person who has
Therefore, the defendant's argument is justified.
(1) The defendant shall engage in sexual traffic at a place of sexual traffic D.