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(영문) 서울중앙지방법원 2018.11.13 2017가단90552
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The gist of the cause of the claim is that the Plaintiff did not enter into each loan agreement, such as the entries in the purport of the claim with the Defendants, and all of them were concluded by B using the Plaintiff’s name and thus invalid against the Plaintiff.

Therefore, the plaintiff seeks confirmation of the absence of obligation against the defendants.

2. Assertion and determination

A. As to the Plaintiff’s assertion, the Defendants asserted that since they confirmed that they are themselves with the Plaintiff’s authorized certificate and the mobile phone in the Plaintiff’s name, they were valid.

Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an electronic document received 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 in connection 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 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 “If a certified digital signature exists, the relevant digital signature shall be the signature, signature, or seal of the signatory, and shall be presumed to have not been changed after the digital signature was affixed.” Article 18-2 of the Digital Signature Act provides that “where other Acts restrict or exclude the identification of the principal by using an authorized certificate, the identification may be verified by an authorized certificate issued by a licensed certification authority pursuant to the provisions of this Act.”

In full view of the contents of these regulations and the legislative purpose of ensuring the security and reliability of electronic documents and electronic transactions, transactions by electronic documents are conducted.

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