채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserted that the plaintiff set off a music app belonging to Bosing on a mobile phone. Since the loan was made in the name of the plaintiff in the name of 50,000,000 won against the plaintiff's will, regardless of the plaintiff's intention, the above loan is null and void. There is no other loan 12,50,000 won, excluding part of the amount recovered due to the suspension of payment in accordance with the relevant procedure, and there is no interest liability thereon.
2. Determination
A. 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.