채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 25, 2014, the Defendant entered into a credit transaction agreement with respect to the instant loan (hereinafter “the instant loan transaction agreement”) by receiving a credit transaction agreement for the Internet loan under the Plaintiff’s name (hereinafter “the instant loan”) with a loan of KRW 4 million and interest rate of KRW 25.9% per annum after obtaining the Plaintiff’s identity verification through the Defendant’s Internet homepage via mobile phone, and carried out the loan by remitting KRW 4 million to the National Agricultural Cooperative Federation deposit account under the Plaintiff’s name on the same day.
B. The credit transaction agreement received by the Defendant in electronic form had a digital signature using the Plaintiff’s authorized certificate issued by a licensed certification authority.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the credit transaction agreement of this case was not based on the Plaintiff’s expression of intent, but was concluded by B with the Plaintiff’s work partner with the Plaintiff’s authorized certificate without the Plaintiff’s consent. Therefore, it is invalid
Therefore, the Plaintiff does not bear the instant loan obligation against the Defendant. Therefore, the Plaintiff is seeking confirmation as to the non-existence of the relevant obligation.
B. Comprehensively taking account of each of the evidence Nos. 1, 3-1, 2, and 1 through 3 of the evidence Nos. 1, 3-2, and 1 through 3, B, on September 25, 2014, based on the purport of the entire pleadings, prepared the instant credit transaction agreement on the Defendant’s Internet homepage with the Plaintiff’s possession of the Plaintiff’s authorized certificate, and sent it to the Defendant, without the Plaintiff’s consent, by means of an electronic document. The Defendant concluded the instant credit transaction agreement with the belief that the Plaintiff was sent, and executed the instant loan after concluding the instant credit transaction agreement with the Plaintiff, and in the criminal trial, B was guilty of the act of entering the instant credit transaction agreement