Text
1. The Plaintiff’s obligation to the Defendant of KRW 4,00,000 based on a monetary loan agreement on November 9, 2017, and the Plaintiff’s obligation on November 15, 2017.
Reasons
Basic Facts
The Plaintiff, from around 2014, was engaged in sexual traffic and was paid the price for sexual traffic in the prime City, Dongbcheon-si, Ulsan Metropolitan City, Ulsan Metropolitan City, sexual traffic business establishments, entertainment taverns, sidewalks, etc.
Around November 9, 2017, the Defendant lent KRW 26,000,000 to the Plaintiff (hereinafter collectively referred to as the “instant loan”) totaling KRW 26,00,000,000,000 to the Plaintiff on November 15, 2017, with the introduction of D and E, an operator of a sexual traffic business establishment located in D and E, which was in the city of Pakistan, the Plaintiff worked for the Plaintiff (hereinafter collectively referred to as “instant loan”).
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 2, and the purport of the whole argument of the parties concerned, the purport of the plaintiff's assertion of the whole argument of the parties concerned is that the loan of this case provided a prepaid payment to the plaintiff for the purpose of soliciting, soliciting, or arranging sexual traffic, or for the purpose of cooperation in the act of soliciting, soliciting, or arranging sexual traffic at least
Therefore, there is no obligation of the Plaintiff to the Defendant following the instant lending.
The defendant's assertion is not a person operating a commercial sex acts, and the defendant lends the above money to the plaintiff as living expenses upon the request of D and E operating a commercial sex acts, and the loan of this case was not a prepaid payment related to commercial sex acts.
Judgment
The illegal consideration stipulated in Article 746 of the Civil Act refers to the case where the act that causes it is contrary to good morals and other social order. Since the act of prostitution and the act of inducing and coercing it is contrary to good morals and other social order, money, valuables and other property gains provided as illegal consideration, such as advance payment used as a means of inducing, soliciting and coercing sexual traffic in employing a person who makes a sexual intercourse, may not be claimed for return thereof as it constitutes illegal consideration, and furthermore, commercial sex acts as well as the economic benefits provided as direct consideration for sexual traffic.