1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 31, 2006, AS Savings Bank Co., Ltd. (hereinafter “AS Savings Bank”) concluded a credit transaction agreement with the Defendant on the credit limit amounting to five billion won, and on March 31, 2007, at the interest rate of 12.5% per annum on March 31, 2007 (hereinafter “instant credit transaction agreement”), and accordingly deposited a loan of five billion won (hereinafter “instant loan”) with the said ordinary bank account under the Defendant’s name.

B. On September 26, 2012, Es Savings Bank was declared bankrupt in the instant lawsuit and the Plaintiff was appointed as bankruptcy trustee.

[Ground of recognition] Unsatisfy, Gap 1, 6 through 9 each entry

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the loan according to the credit transaction agreement of this case, barring special circumstances.

3. Judgment on the defendant's assertion

A. The defendant, who has no obligation of loan, asserts that there is no obligation of the loan of this case as he did not pay the Defendant the loan of this case at all.

However, the above assertion is without merit, since the loan of this case 5 billion won was deposited into the account under the name of the defendant on March 31, 2006.

B. In order to conceal illegal loans against AS Savings Bank Co., Ltd., a company with false conspiracy, the Defendant did not assume a liability as an obligor, but concluded with the Defendant with the Defendant as an obligor only in the form of a contract with the Defendant as an obligor, and thus, the Defendant alleged that the agreement constitutes a false conspiracy, and the Plaintiff is deemed as a bona fide third party.

In case where the bankrupt is declared bankrupt by a false declaration of intention in collusion with the other party, the most claim shall belong to the bankrupt estate once, and the bankrupt and the whole bankruptcy creditors shall be jointly held in an independent status according to the declaration of bankruptcy.