1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On April 17, 2015, the Plaintiff entered into a contract with the Defendant for KB People’s Round (credit Card) and issued a credit card.

B. The above credit card contract was concluded by means of an electronic contract through digital signature, and on the same day, a credit card agreement was made by means of an electronic signature using the Defendant’s authorized certificate.

C. According to the above credit card contract, if the card price is overdue, the damages for delay calculated by applying the overdue interest rate (23.9% in case of temporary payment and installment, and 29.9% in case of cash services) set by the Plaintiff shall be paid in addition to the above credit card contract.

On November 23, 2015, the balance of credit card payments as of November 23, 2015 is KRW 4,233,377, and the balance of the principal of the lump-sum payment and installments is KRW 2,598,710, and the balance of the principal of the cash service is KRW 1,300,000.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Article 3(2) of the Digital Signature Act provides that "where a certified digital signature exists, the relevant digital signature shall be deemed to have been signed, sealed, or affixed by the Signatory, and its content shall be presumed not to have been altered after the digital signature was affixed thereto." Article 18-2 of the same Act provides that "where any other Act does not restrict or exclude the identification of the principal by using an authorized certificate, the identification may be verified by an authorized certificate issued by the licensed certification authority pursuant to the provisions of this Act." Article 358 of the Civil Procedure Act provides that "private document shall be presumed to have been authentic if it is signed, sealed, or stamped by the principal or his agent."

As seen earlier, the Defendant’s credit card agreement in the instant credit card contract was prepared by means of digital signature using an authorized certificate, and pursuant to the aforementioned legal provisions.