1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following part ordering payment.

1. The reasoning for this court’s explanation is as follows, except for adding the following judgments to the allegations of the parties added in the trial, and therefore, it is consistent with the reasoning for the judgment of the first instance.

[Supplementary Parts]

(a) from the 5th judgment of the first instance to the second half, the following judgments shall be added:

In addition, even if the loan contract of this case is deemed null and void as a false agreement with the other party, since all assets held by the bankrupt constitute the bankrupt estate, and the right to manage and dispose of the bankrupt estate belongs to the bankruptcy trustee, the bankruptcy trustee can not exercise the bankruptcy claim without resorting to the bankruptcy procedure. If the bankruptcy is declared, the bankruptcy creditor cannot exercise the bankruptcy claim without resorting to the bankruptcy procedure, and the bankruptcy trustee performs his duties with the care of a good manager for the common interest of the whole bankruptcy creditors. Thus, the bankruptcy trustee has the status as a third party who has an interest in the property independently and independently from the bankrupt according to the bankruptcy declaration. Therefore, if the bankruptcy is declared, if the bankrupt holds the most claim through a false declaration of intention made by the bankrupt in collusion with the other party, the most claim belongs to the bankrupt estate, and the bankruptcy trustee who performs duties for the common interest of the whole bankruptcy creditors as independent from the bankrupt upon the declaration of bankruptcy after the declaration of bankruptcy becomes subject to Article 108 (2) 3 of the Civil Act (see, e.g., Seoul High Court Decision 2016Da14.214.).