The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. In order for a false declaration of intention to be established, there shall be an agreement between the other party as to the disagreement and the other party. If a third party directly puts his seal and affixes his seal on loan-related documents, such as a letter of loan for consumption, etc. as the principal debtor or joint guarantor, the third party himself indicates that he is the debtor of the loan for consumption, and the third party has expressed his intention to have another person use the loan under the name of the third party by avoiding the credit restrictions set by the financial institution;

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, it is merely an intention to revert the economic effect under a loan for consumption to another person, and the legal effect cannot be deemed to belong to the other person. Therefore, it is difficult to deem that there is a disagreement with the intention of a third party and its indication. In a specific case, in order for a financial institution to recognize the existence of such special circumstance in a specific case, it shall be proved that the financial institution vests the borrower in the legal effect arising from the loan in question with the nominal lender and agrees to not impose the debt burden on the nominal lender.

(2) On June 12, 2008, the court below acknowledged that the Busan Savings Bank (hereinafter referred to as the "Inbound Savings Bank") executed the Plaintiff’s loans 1 or 7 loans on seven occasions between December 29, 2003 and December 23, 2009, and held that each of the loans contract of this case 3, 6, and 7 of this case constitutes a false declaration of conspiracy and becomes null and void. On the Plaintiff’s assertion that each of the loans contract of this case 3, 6, and 7 constitutes a false declaration of conspiracy, the court below set forth in its reasoning, i.e., the Busan Savings Bank under the relevant laws and regulations, such as the Mutual Savings Banks Act.