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1. The Plaintiff’s obligation to return KRW 3,00,000, based on a monetary loan agreement concluded on August 17, 2012 to the Defendant.
Reasons
1. Basic facts
A. The Defendant, as the owner of an entertainment tavern located in Gangwon-gun, “C”, was the head of the entertainment tavern located in Gangwon-gun. On August 2012, 2012, the Plaintiff, who was an employee of the entertainment tavern located in Gangwon-gun, was employed in the said “C” as an employee of the said “C”.
B. At the time, the Defendant paid the Plaintiff the amount of KRW 3 million in advance (hereinafter “the instant advance payment”). However, the amount of KRW 2.6 million in advance was transferred directly to the Plaintiff’s proprietor of the instant “D” as repayment of the Plaintiff’s existing advance payment, and on August 17, 2012, the Plaintiff received a loan certificate of KRW 3 million in face value from the Plaintiff.
C. Meanwhile, the Plaintiff had leap with the above “C”’s customers. In relation to this, the Defendant was convicted on March 31, 201 of the facts constituting an offense as indicated in the separate sheet at the Jung-gu District Court. The above judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, significant facts, entry of Gap evidence No. 1, purport of the whole pleadings
2. Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic provides that "any claim that a person who employs or recruits another person who acts of arranging sexual traffic, etc., or who acts of arranging sexual traffic, or who acts of arranging the occupation thereof, has a relation to such act, shall be null and void regardless of the form or name of the contract. The same shall apply to the transfer of the claim or the acceptance of the obligation thereof." Article 103 of the Civil Act provides that "any legal act with a content contrary to good morals and other social order shall be null and void." Article 746 of the Civil Act provides that "The illegal consideration for illegal cause under Article 746 of the Civil Act is prohibited for reasons against the prohibition of a claim for return of unjust enrichment refers to a case where the act causing sexual intercourse and the act of coercing another person to do so is contrary to good morals and other social order, and thus, the act of employing a person who acts