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(영문) 대법원 2018.03.29 2015다75209

채무부존재확인

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 5(1) of the Electronic Financial Transactions Act provides that Article 7 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) shall apply to electronic documents used for electronic financial transactions. Article 7(2)2 of the Electronic Document Act provides that “Where an addressee of the electronic document sent the electronic document by a person who has justifiable grounds to believe that the electronic document received was based on the will of the originator or his/her agent by virtue of the relationship with the originator or his/her agent, the addressee may regard the addressee of the electronic document as the originator’s act.”

Article 11 of the Electronic Document Act provides that matters concerning digital signatures in electronic commerce shall be governed by the Digital Signature Act. Article 3(2) of the Digital Signature Act provides that “When a certified digital signature exists, the relevant digital signature is the signature, signature, or seal of the Signatory, and its content shall be presumed not to have been changed after the digital signature was affixed.” Article 18-2 of the Digital Signature Act provides that “where other Acts restrict or exclude the verification of the person himself/herself using an authorized certificate, he/she may verify his/her identity by an authorized certificate issued by a licensed certification authority pursuant to the provisions of this Act.”

In full view of the contents of these regulations and the legislative purpose of ensuring the safety and reliability of electronic documents and electronic transactions, an electronic document transmitted by a person who is confirmed to be the principal by an authorized certificate issued by a licensed certification authority in an electronic financial transaction, even if it was produced and transmitted against his/her will, barring any special circumstance, the addressee is in the relationship of the originator or his/her agent.