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(영문) 수원지방법원 2018.03.29 2017가단539185
청구이의
Text

1. The Defendant’s notary public Co., Ltd. against the Plaintiff entered into a monetary loan agreement on July 18, 2012, No. 1128, 2012.

Reasons

1. On July 18, 2012, the Plaintiff and D, at the notary public C office, borrowed from the Defendant 10 million won as interest rate of 30% per annum, and due date of repayment on January 18, 2013. The Plaintiff entrusted the Plaintiff with the preparation of a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) for the joint and several guarantee of D’s said obligation, and was drafted with the same content on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination

A. Since the Plaintiff’s principal obligation of D, which is the principal obligation of the Notarial Deed of this case, falls under the prepaid amount used as a means of coercion to attract sexual traffic, and thus becomes null and void as a violation of the mandatory law, the Plaintiff’s obligation to the Defendant, which is the guaranteed obligation, shall

B. (1) Article 10 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. provides that a claim that a person who has engaged in the act of arranging sexual traffic or a person who has employed a person who has engaged in the act of selling sex with respect to the act of arranging sexual traffic shall be null and void regardless of the form or title of the contract. The illegal consideration as stipulated under Article 746 of the Civil Act refers to the case where the act of causing sexual intercourse and the act of coercing the act is contrary to good morals and other social order. Since the act of inducing sexual intercourse is contrary to good morals and other social order, money, valuables and other property gains provided as a means of compelling the inducement or solicitation of sexual traffic in employing a person who has sexual intercourse constitutes illegal consideration, and thus, such return cannot be claimed as illegal consideration (see Supreme Court Decision 2004Da27488, 27495, Sept. 3, 2004). Furthermore, the economic benefits that directly provided sexual traffic as well as the economic benefits that have been paid or related to sexual traffic.

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