The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court below acknowledged the facts as stated in its holding. (1) Each of the loan contracts of this case between the plaintiff and the bankrupt debtor, Busan Savings Bank (hereinafter "BO Savings Bank"), but the defendant, the bankruptcy trustee of Busan Savings Bank, constitutes a third party under Article 108 (2) of the Civil Code, which has a substantial new legal interest on the basis of the legal relationship formed externally through a false conspiracy, and since there is no evidence to find that all bankruptcy creditors knew that each of the loan agreements of this case was null and void as a false conspiracy, the bankruptcy trustee is a third party in good faith. Thus, the plaintiff cannot oppose that each of the loan agreements of this case against the defendant is null and void as a false conspiracy. (2) On the other hand, the court below ruled that each of the loan agreements of this case was judged in favor of the plaintiff in the court of first instance on the ground that the agreement of this case was null and void as a false conspiracy, and that the defendant was appointed as the bankruptcy trustee by the Busan Savings Bank

The above determination by the court below is just in accordance with the legal principles presented in the Supreme Court Decision 2004Da10299 Decided November 10, 2006, which held that the bankruptcy trustee is a third party under Article 108 (2) of the Civil Act, and it is not erroneous in the misapprehension of legal principles as alleged in the ground of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.