대여금
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 9,964,981 and KRW 7,222,230 among the Plaintiff and the Plaintiff’s KRW 7,230 on June 21, 2019.
1. Facts of recognition;
A. On January 25, 2016, the Plaintiff applied for a loan of KRW 10 million in the name of the Defendant on the Plaintiff’s website. In that process, an authorized certificate under the Defendant’s name and a cellular phone number (C) was conducted.
The Plaintiff received the Defendant’s resident registration certificate and conducted the loan on the same day, and remitted KRW 10 million to a bank account under the Defendant’s name.
B. The Defendant lost the benefit of time by delaying the payment of the principal and interest payable every month.
The balance of the principal of the loan as of June 20, 2019 remains KRW 7,222,230, interest rate of KRW 442,472, delay damages amount of KRW 2,250,030, provisional payment amount of KRW 38,841, and interest rate of provisional payment of KRW 11,408.
The rate of damages for delay is 2.8%.
【Reason for Recognition】 Each entry (including paper numbers) of evidence Nos. 1 through 5, the purport of the whole pleadings
2. The plaintiff asserts that the defendant is entitled to pay the balance of the loan, interest thereon, and damages for delay.
In this regard, the defendant asserts that E has stolen the defendant's identification card, deceiving the defendant, and opened a mobile phone and DNA bank account under the name of the defendant, and applied for the loan of this case, so it cannot respond to the plaintiff's request.
3. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that the addressee of the electronic document may regard the expression of intent contained in the document as the originator’s act, and Article 11 of the Electronic Document Act provides that matters concerning digital signatures among electronic transactions 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 signature concerned shall be signed by the Signatory.