The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

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 special circumstances, barring special circumstances, this is merely an intention to vest economic effects under a loan for consumption in another person, and the legal effect cannot be deemed to be an intention to vest in another person. Therefore, it is difficult to deem that there is a disagreement between the truth and indication of a third party

Therefore, in order to recognize the existence of such special circumstances in a specific case, it is necessary to actively prove that a financial institution belongs to the actual borrower and to the name trustor the legal effect of the loan in question, and that it has agreed or understood that the name trustor will not bear the debt burden.

(2) On June 12, 2008, the court below acknowledged the facts as stated in its reasoning based on the adopted evidence. 2. The court below determined that the defendant is liable to pay the Plaintiff unpaid loans and damages incurred therefrom under the loan agreement of this case, barring any special circumstances. The court below held that ① B Savings Bank (hereinafter “B Savings Bank”) is not able to conduct real estate development projects, etc. under the Mutual Savings Banks Act, i.e., e., e., the EF Capital Bank (hereinafter “EF”) as it is not a real estate development project under the Mutual Savings Banks Act.