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(영문) 서울중앙지방법원 2020.11.20 2020가단5229478
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the loan transaction agreement between the Plaintiff and the Defendant on February 18, 2019 with a loan of KRW 5 million and interest of KRW 23.9% per annum (hereinafter “instant loan transaction agreement”) was concluded by means of electronic financial transaction through an authorized certificate (hereinafter “instant authorized certificate”).

In addition to the loan transaction agreement dated February 18, 2019, the loan transaction agreement between the defendant and the defendant on February 15, 2019 with a loan of KRW 3 million and interest of KRW 23.9% per annum on February 15, 2019 is deemed to have been concluded by an electronic financial transaction method through an authorized certificate (Evidence 4). However, in the instant case, the plaintiff sought confirmation of the existence of the existence of the obligation only for the principal amount of KRW 5 million under the loan transaction agreement dated February 18, 2019, and the total amount of KRW 7 million.

(See Attached Form 1). [Attachment 1] A without dispute, Eul evidence No. 1-6, assertion and judgment of the purport of the whole pleadings.

A. The grounds for the Plaintiff’s claim are as shown in the annexed sheet.

B. 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 of the electronic document 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 where a certified digital signature exists, the relevant digital signature shall be signed, sealed, or sealed by the Signatory, and the contents thereof shall not be changed after the digital signature is affixed.

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