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(영문) 광주지방법원목포지원 2015.06.02 2014가단12292

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2014, the Defendant, which is a financial company engaging in credit business, received an application for a loan under the Plaintiff’s name on the Defendant’s Internet homepage, and the Plaintiff’s digital signature is referred to as “digital signature” next to the Plaintiff’s name of the letter of credit transaction No. 4 of the Plaintiff’s authorized certificate No. 4. In addition, after going through the procedure for identification with a cell phone (B) opened in the Plaintiff’s name, the Defendant agreed to lend KRW 3 million to the Plaintiff (hereinafter “instant loan”). The Defendant transferred KRW 3 million to the Plaintiff’s corporate bank account (C).

B. The money remitted to the above account was withdrawn from the account in the name of D immediately after the transfer.

C. On October 8, 2014, the Plaintiff reported loan fraud damage to the former Southern Police Station. D.

(1) Where a credit service provider enters into a loan agreement with the opposite contractual party, it shall have the opposite contractual party enter the following matters in writing:

1. Amount of loan under Article 6 (1) 3;

2. Interest rate under Article 6 (1) 4;

3. Period of payment under Article 6 (1) 5;

4. Other necessary matters prescribed by Presidential Decree for the protection of the opposite contractual party. (3) In cases falling under any of the following subparagraphs when entering into a loan agreement or guarantee agreement related thereto, a credit service provider is deemed to have a opposite contractual party or a guarantor handwrite the matters set forth in each subparagraph of paragraph (1) or (2):

1. Where the identification of the opposite contractual party or guarantor has been verified by means of the certified electronic identification under Article 2 (8) of the Digital Signature Act, and matters set out in each subparagraph of paragraph (1) or (2) has been entered by the opposite contractual party or guarantor on the Internet, it shall be below the Framework Act on Electronic Documents and Transactions;