1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On September 30, 2014, Plaintiff B visited the Defendant’s website and applied for a loan in the name of the Plaintiff. Nonparty B obtained a loan of KRW 1 million from the Defendant as the passbook in the name of the Plaintiff and acquired it by fraud.

The plaintiff does not have obtained a loan of the above one million won from the defendant, and therefore, the plaintiff seeks confirmation of the non-existence of the loan obligation.

B. The loan of this case was executed upon the Plaintiff’s application for a loan with a digital signature affixed by the Plaintiff’s authorized certificate, and thus, a loan agreement between the Plaintiff and the Defendant is valid, and the Plaintiff bears the obligation of the loan.

2. Determination

A. The facts of recognition B, through the Defendant’s Internet homepage, signed a digital signature on the basis of the Plaintiff’s authorized certificate, and obtained the instant loan through the account in the Plaintiff’s name, and the certificate used for the loan was provided to B by the Plaintiff. The Plaintiff provided the password of the authorized certificate, the passbook in the Plaintiff’s name, and the Plaintiff’s identification card.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1 through 5, the purport of the whole pleadings

B. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an received electronic document has been sent by a person who has justifiable grounds to believe that it 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 of the electronic document may regard the expression of intent contained in the electronic document as the originator’s act.” Article 11 of the same Act provides, “Matters concerning digital signatures in electronic commerce shall be governed by the Digital Signature Act.”

Accordingly, Article 3 (2) of the Digital Signature Act provides that if a certified digital signature exists, the digital signature is signed, signed, or sealed by the Signatory, and the digital signature is concerned.