1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On March 2018, 2018, the Plaintiff’s managing director C visited the Defendant’s office at a certified judicial scrivener office operated by the Defendant, and requested the Defendant to file an application for provisional seizure of trust interest (hereinafter “provisional seizure of this case”) with the Defendant to preserve the Plaintiff’s claim against D, and the Defendant, the office manager, requested E to perform the affairs, such as consultation and vicarious execution related to the application for provisional seizure of this case

B. C concluded a contract on vicarious execution of the instant application for provisional seizure after consultation with E, and transferred KRW 387,100 to the Defendant’s account on March 30, 2018 under the pretext of application, remuneration, etc., and received receipts in the name of the Defendant.

C. On April 10, 2018, E issued an order to provide security to submit the deposit insurance policy in the instant provisional seizure case, but the Defendant falsely reported that the Defendant issued an order to provide security of KRW 20,000,000 in cash in the instant provisional seizure case, and the Defendant received KRW 20,000,000 from the Plaintiff as a check or received cash deposit from E.

E has been ordered to offer a security of KRW 20,000,000 in cash in the instant provisional seizure case, and thus, the Plaintiff sent KRW 20,000,000 to E account.

E. E did not use KRW 20,000,000 remitted from the Plaintiff as a deposit, used it as a personal debt repayment, etc., and subsequently forged a cash deposit statement to the Plaintiff that KRW 20,000,000 was deposited in cash for the provisional attachment of this case, and presented it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 6-8, Eul evidence Nos. 4, 9, 12, and 13 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The following facts are either not disputed between the parties to the determination of the cause of the claim, or acknowledged as a whole together with the purport of the entire pleadings: