1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the evidence and the purport of all pleadings attached to the written application for the payment order dated July 19, 2017, the Plaintiff may recognize the fact that the Plaintiff lent KRW 7,800,000 to the Defendant on a yearly basis and on December 6, 2010 (hereinafter referred to as the “instant loan”) around August 2010.

Therefore, the defendant is obligated to pay to the plaintiff 7,800,000 won and damages for delay calculated at the rate of 30% per annum from December 7, 2010 following the due date to September 11, 2017, which is the delivery date of the instant payment date sought by the plaintiff, and 15% per annum from the next day to the date of full payment.

2. Judgment on the defendant's defense, etc.

A. The Defendant asserts that, inasmuch as the Plaintiff knowingly lent the instant loan by having himself/herself leap with the act of prostitution, it is null and void in violation of good morals and other social order, and that the instant loan does not have an obligation to pay the money as illegal consideration.

However, the evidence submitted by the defendant alone is insufficient to deem that the plaintiff knew of the fact that the defendant was engaged in the amusement business or prostitution, or that the defendant recommended, enticed, mediated, or forced the defendant, and there is no other evidence to acknowledge it.

The defendant's defense is without merit.

B. 1) Determination on the assertion of extinctive prescription is that the Plaintiff, a merchant of the Defendant, lent money to the Defendant constitutes a commercial activity. As such, the statute of limitations applies to the instant loan claims as commercial claims. However, given that the instant lawsuit was filed five years after the due date for payment, the statute of limitation expired for the instant loan claims. 2) Determination of the relevant legal doctrine is completed not only for both parties, but also for a commercial activity.