1. The plaintiff's claim is dismissed.

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

1. The summary of the Plaintiff’s assertion asserts that, around 13:34 on November 12, 2018, the Defendant applied for a marina loan under the Plaintiff’s name on and around 13:48 on the same day, a marina loan of KRW 17,400,00 was implemented, and the credit loan under the Plaintiff’s name was implemented on and around 13:49 on the same day. As such, the Defendant paid KRW 17,393,00 and KRW 7,500 under each of the above loan agreements, and thus, the Defendant should pay KRW 24,893,00 according to the above marina loan agreement and the credit loan agreement (hereinafter collectively referred to as the “each of the instant loan agreements”).

However, each of the loan contracts of this case is concluded by the Plaintiff in the Bosing Organization, and is null and void against the Plaintiff. Thus, the Plaintiff seeks confirmation of the non-existence of its obligation against the Defendant.

2. Determination:

A. 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 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.”

[Attachment] Considering the legislative intent and purpose of the Act and the Enforcement Decree of the Act on the Prevention of Damage Caused by Telecommunications-based Financial Fraud, such as relevant provisions (hereinafter “Special Act on Telecommunications-based Financial Fraud”), and the need to protect victims, etc., an electronic financial business operator who intends to conduct an unfaced electronic financial transaction is either a method using a user’s telephone (including a mobile phone) registered with a financial company, or a method stipulated in the Special Act on Telecommunications-based Financial Fraud, the Financial Services Commission’s notification, etc.