채무부존재확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 4, 2019, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a loan agreement with the Plaintiff by means of electronic transaction with the Plaintiff, and deposited KRW 11,000,000 in the Plaintiff’s account in the Plaintiff’s name.
B. On September 5, 2019, Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a loan agreement under the Plaintiff’s name with the Plaintiff (hereinafter “instant loan agreement”) through electronic transaction with the Plaintiff, and deposited KRW 15,00,000 in the Plaintiff’s account.
[Ground of recognition] Facts without dispute, Eul's statements in sub-paragraphs 1 through 4, Eul's 2 and 4, the purport of the whole pleadings
2. The parties' assertion
A. Each of the loan contracts of this case asserted by the Plaintiff is that the Bosing Fraud acquired information, etc. related to the Plaintiff’s financial transaction by deceiving the Plaintiff, and it was concluded after re-issuance of an authorized certificate, and it cannot be viewed as a contract which was concluded effectively based on the Plaintiff’s intent. Therefore, there is no obligation of the Plaintiff under
B. Since an electronic document sent by a person whose identity was confirmed by an authorized certificate issued by the Defendants’ assertion, constitutes a case where the electronic document was sent by a person who has justifiable grounds to believe that it was based on the Plaintiff’s intent as stipulated in Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Documents Act”), each of the instant lending contracts is valid.
3. Determination
A. Article 7(2)2 of the Electronic Document Act provides that “Where an electronic document received has been sent by a person who has justifiable grounds to believe that the addressee would have based on the will of the originator or his/her agent by virtue of the relations with the originator or his/her agent,” the addressee of the electronic document shall be deemed to have expressed his/her intent contained in the electronic document.