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(영문) 광주지방법원 순천지원 2018.05.24 2016가단81281
채무부존재확인
Text

1. There is no debt of KRW 90,000,000, around June 16, 2015, to the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant, along with husband C, is a person running an entertainment tavern with the trade name “E” (hereinafter “the instant entertainment tavern”).

B. Around July 2014, the Plaintiff worked for approximately one month at the Defendant’s entertainment tavern, and thereafter, served at the “G” entertainment tavern operated by F around 2015, and served at the instant entertainment tavern again from June 2015 to December 2015.

C. The Defendant lent the Plaintiff KRW 10 million on July 18, 2014, and KRW 70 million on June 5, 2015, respectively, to the Plaintiff, and the Defendant lent KRW 90 million on June 16, 2015 (hereinafter “instant loan”).

In the instant entertainment tavern, the Plaintiff continued to engage in sexual intercourse with the Defendant, etc. in addition to engaging in entertainment for customers at a drinking place, and thereby, the sales that the Plaintiff bought by the Plaintiff were deducted from the Plaintiff’s prepaid payment at a certain period of time with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 8, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant loan constitutes a prepaid payment premised on sexual traffic, as in the case of KRW 10 million on July 18, 2014, which the Defendant recognized as a prepaid payment for the purpose of sexual traffic, and KRW 70 million on June 5, 2015, and thus, the Plaintiff asserts that the instant loan is null and void pursuant to Article 103 of the Civil Act and Article 10 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc.

As to this, the defendant claimed that the loan of this case shall be paid for the defendant the above KRW 90 million and damages for delay from the day following the due date for payment, because the plaintiff requested that the loan of this case be lent KRW 90 million until December 31, 2015.

B. As to the punishment of acts of arranging sexual traffic, etc., determination 1-related legal doctrine.

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