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1. The Defendant’s notary public’s joint law office against the Plaintiff No. 3200, 2010, prepared on September 14, 2010.
Reasons
1. Basic facts
A. On September 14, 2010, the Plaintiff drafted a notarial deed of monetary loan agreements for consumption (hereinafter “notarial deed of this case”) signed by a notary public with “1 million won as of the last day of each month from the end of October 2010 to the end of March 2011, and KRW 700,000,000 per annum, and KRW 30% per annum as of the end of every month from the end of October 2010 to the end of April 2011.”
B. On July 19, 2016, the Defendant issued a collection order for the attachment and collection of the Plaintiff’s deposit claim as the title of execution on the instant Notarial Deed as to the Plaintiff’s deposit claim by Busan District Court Branch Branch No. 2016TT No. 5871.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the plaintiff's claim for the return of the advance payment to the plaintiff on the notarial deed of this case is null and void in light of good customs and other social order. Thus, the compulsory execution based on the above notarial deed should not be allowed.
B. (1) The solicitation, solicitation, mediation, or coercion or cooperation for the purpose of making a profit is in violation of good morals and other social order, and thus, the claim held by the person who has engaged in the act against the person who has a business relation is null and void regardless of the form of the contract. The illegal cause provided in Article 746 of the Civil Act for the reason that prohibition of a claim for return of unjust enrichment is prohibited refers to the cause of the act in violation of good morals and other social order. Since the act of inducing and inducing the act is contrary to good morals and other social order, the act of inducing the act of prostitution is against good morals and other social order. Thus, in recruiting the person who has recruited or arranged the person to engage in the act of prostitution, it is provided as a means of compelling the act of prostitution.