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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Around October 30, 2012, the Plaintiff leased KRW 15 million to the Defendant, which determined the cause of the claim.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from December 4, 2014 to the date following the delivery date of a copy of a complaint of KRW 15 million and a copy of the complaint.
2. Judgment on the defendant's defense
A. The Defendant’s assertion that: (a) around October 30, 2012, the Plaintiff operated an entertainment drinking house with the trade name “D” in C; and (b) the Defendant received KRW 15 million from the Plaintiff as an advance payment necessary for advertising expenses, etc. for soliciting activities while working at the said establishment as a water; (c) commercial sex acts were conducted at the said establishment.
Therefore, the above KRW 15 million constitutes illegal consideration provided to arrange sexual traffic, and thus the Plaintiff cannot claim the return thereof.
B. First of all, as alleged by the Defendant, whether the Plaintiff operated an entertainment drinking house, which is a commercial entertainment business establishment, and paid KRW 15 million to the Defendant as the expenses for soliciting commercial sex acts (advance payment), it is insufficient to acknowledge the above assertion only by the statement No. 1 and the fact-finding results on the Seoul E police box by the court of first instance. There is no other evidence to acknowledge it.
In addition, even if the defendant is recognized to have borrowed KRW 15 million under the above circumstances, 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 commercial sex acts, etc. has against the person who has engaged in, or is to be engaged in, the act of arranging commercial sex, shall be null and void regardless of the form or name of the contract." Considering the purport of the above Act, etc., prepaid money which cannot be claimed as illegal consideration under the above provision shall be paid to the person who has engaged in