채무부존재확인의 소
1. The Plaintiff (Counterclaim Defendant) shall pay 5,000,000 won to the Defendant (Counterclaim Plaintiff) and its payment from August 24, 2017.
1. The fact-finding B: (a) transferred the Plaintiff’s authorized certificate to his mobile phone in the Plaintiff’s name; (b) completed a file of a credit transaction agreement of KRW 5 million against the Defendant (Counterclaim Plaintiff; hereinafter the same shall apply) in the Plaintiff’s name using the Plaintiff’s authorized certificate on January 31, 2017; and (c) sent the Plaintiff’s digital signature to the Defendant; and (d) received KRW 5 million from the Defendant with a loan approval.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an electronic document received has been sent by a person who has justifiable grounds to believe that it 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 of the electronic document may regard the expression of intent contained in 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 “If a certified digital signature exists, the relevant digital signature shall be the signature, signature, or seal of the signatory, and shall be presumed to have not 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 identification of the principal by using an authorized certificate, the identification may be verified 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 transactions, it is necessary to consider them.