2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

2. Judgment on the defendant's assertion

A. The defendant had lent the name of the guarantor upon C's request.

However, since C does not bring about cash of KRW 300,000, the president of the branch office of the ASaving bank at the time, it was found that there was no act of guarantee.

Therefore, the plaintiff cannot respond to the request.

B. 1) Even if the Defendant’s assertion is true, there is no proof as to whether D made such a promise on behalf of the A Savings Bank. 2) Since all property owned by the bankrupt at the time that the bankrupt is declared bankrupt constitutes the bankrupt estate and the right to manage and dispose of the bankrupt estate belongs to the bankruptcy trustee, the bankruptcy trustee has the same status as the general successor of the bankrupt.

However, if bankruptcy is declared, the bankruptcy creditor cannot exercise the bankruptcy claim without resorting to the bankruptcy procedure, and the bankruptcy creditor shall perform his duties with the care of a good manager for the common interest of all bankruptcy creditors.

Therefore, the bankruptcy trustee has a status as a third party who has an interest in the property independently from the bankrupt according to the declaration of bankruptcy.

Therefore, if the bankrupt is declared bankrupt by means of a false declaration of intention that the bankrupt has conspired with the other party, the most claim belongs to the bankrupt foundation.

In addition, Article 108 of the Civil Code, which has a new legal interest on the basis of the legal relationship formed externally by false representation, shall be the bankruptcy trustee who performs his duties for the joint interest of all bankruptcy creditors in an independent position upon declaration of bankruptcy.