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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Facts of recognition;
A. On June 19, 201, C, while keeping 6,973 Babs in E operated by D (hereinafter “the instant white paper”), sold 8,000 US dollars, including the instant white paper, to F, who was the Plaintiff’s deceptive act, around June 19, 201. However, F, upon request from its creditors, purchased the instant white paper by borrowing the Defendant’s name in order to avoid debt collection. C, upon request from the Defendant, requested that D deliver the instant white paper to the Defendant, and C, issued the Defendant’s order for storage.
B. Around July 14, 2011, F (titled Defendant) requested D to release the instant white leaves. D rejected a request from a third party for release on the ground that a provisional attachment order was rendered with respect to the instant white leaves, and thereafter, D lost its value as the goods due to deterioration while D was kept.
C. Accordingly, on October 26, 2011, F (the Defendant in his/her name) filed a lawsuit against D for damages against Suwon District Court Decision 201Kahap16208, Sungnam-do, Sungwon District Court 201, 16208, and applied for a provisional attachment of D’s real estate under the aforementioned Sungnam-do 201Kadan51292 to preserve the execution of the claim. At the same time, the deposit guarantee insurance policy was submitted as security, and the deposit of KRW 10 million was issued by the said court on November 17, 2011 (hereinafter “instant deposit”).
The Plaintiff, who was in office as the head of an attorney-at-law office, had been working for the F, was led by the F to provide legal advice on a series of acts such as lending the name of the Defendant to purchase the white paper of this case, filing a lawsuit for damages, filing a claim for real estate provisional seizure, etc. The Plaintiff directly paid the deposited money of this case, and paid the litigation costs in total of KRW 4,024,360, such as stamp, delivery fee, and attorney fee.
E. The defendant is upon F's request.