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(영문) 광주지방법원순천지원 2020.05.20 2019가단6618

채무부존재확인

Text

1. The plaintiff's claims against the defendant and the succeeding intervenor are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The grounds for the plaintiff's claim are stated in the annexed sheet of claim

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 is sent by a person who has justifiable grounds to believe that it was based on the will of the originator or his/her agent, the addressee of the electronic document may regard the expression of intent included in the electronic document as the originator’s act,” and Article 11 of the same Act provides that “where the electronic document is sent by the addressee’s relationship with the originator or his/her agent, the addressee of the electronic document may regard it as the originator’s act.”

Article 3(2) of the Digital Signature Act provides that "where a certified digital signature exists, the digital signature concerned shall be presumed to have not been changed after the signature, seal, or signature and seal of the Signatory and the relevant electronic document has been affixed thereto, it shall be presumed that the content thereof has not been changed." Article 18-2 of the same Act provides that "where other Acts do not restrict or exclude the verification of the person himself/herself by using the authorized certificate, he/she may verify his/her identity by using the authorized certificate issued by the licensed certification authority pursuant to the provisions of this Act." The authorized certificate shall be issued only where

In light of the provisions of the relevant laws governing electronic documents and electronic financial transactions as well as the ordinary meaning of the language and text thereof, and the legislative intent and purpose of the relevant laws ensuring the safety and reliability of electronic documents and electronic financial transactions, where electronic documents are sent by a person who is confirmed to be the principal by an authorized certificate issued by a licensed certification authority under the Digital Signature Act in electronic financial transactions in which the electronic documents are used, such documents are sent.