1.The judgment of the first instance shall be modified as follows:

On July 13, 2010, between the Plaintiff and the Japanese Savings Bank, and between the Plaintiff and the Japanese Savings Bank.

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment as to the primary cause of claim

A. The reasons why the court stated this part of the assertion of false declaration of conspiracy are the reasons for the judgment of the court of first instance.

1) As stated in paragraph (1), the Plaintiff’s assertion of exemption from liability following the waiver of the security right is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act. (b) The Plaintiff asserted that the Plaintiff is liable for the repayment of each of the instant loans, even if the Plaintiff, a trustee in bankruptcy, was unable to oppose the Defendant who was the trustee in bankruptcy, on the ground that the Plaintiff is liable for the repayment of each of the instant loans, the Plaintiff may exercise the security right held by the Japanese Savings Bank against B

However, on June 30, 201, the Japanese Savings Bank lost or reduced the collateral by changing the status of the first priority beneficiary into the status of the second priority beneficiary on or around June 30, 201. The plaintiff is exempted from liability to the extent that it could not be repaid, and the scope of exemption is the total amount of the plaintiff's debt.

2) According to Articles 481 and 485 of the Civil Act, a person who has a legitimate interest in performance is naturally subrogated to the obligee by performance. In such a case, when the obligee’s security has been lost or diminished by intention or negligence, the subrogated person shall be exempted from his liability to the extent that such loss or reduction is not able to be repaid.

On the other hand, where the bankruptcy is declared because the bankrupt holds the most claim through a false declaration of intention that the bankrupt conspired with the other party before the declaration of bankruptcy, the bankruptcy trustee constitutes a third person under Article 108 (2) of the Civil Code, and the other party cannot oppose the invalidity of the most claim by citing a false declaration

However, the above.