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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 12, 2017, the Plaintiff received an application for credit card loans under the name of the Defendant in electronic form, and subsequently loaned KRW 5,000,000 (hereinafter “instant loan”) at an annual interest rate of 15.9% per annum, interest rate of arrears rate of 24% per annum, and due date of October 5, 2019. The Plaintiff obtained the certification of the Defendant’s name issued by the licensed certification authority to verify the applicant.
B. Since then, the repayment of the instant loan was overdue, and the amount of arrears as of March 6, 2018, as of March 6, 2018, is the total of KRW 4,457,920, and interest 115,684, and KRW 4,573,604.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff interest in arrears calculated at the rate of 24% per annum from March 7, 2018, which is the day following the date of calculation of overdue interest, to the day of full payment, for the principal amount of KRW 4,573,604 and its principal amount of KRW 4,457,920, barring special circumstances.
3. Judgment on the defense
A. The Defendant’s assertion that the loan of this case was not received by the Defendant, and this was received by C (Death on January 2, 2018) who was the Defendant’s child, and thus, the Defendant, who is merely the name of the lender, is not obligated to repay the principal and interest of this case.
B. The fact that the instant loan agreement was concluded by means of electronic financial transaction with the certification of an authorized certificate issued under the name of the Defendant is recognized as above. In this regard, the Framework Act on Electronic Documents and Transactions (hereinafter “the Act on Electronic Documents”) and the Digital Signature Act provide for the following:
Article 7 of the Framework Act on Electronic Documents and Transactions (hereinafter referred to as the "Electronic Document Act") (1) Any declaration of intention contained in any of the following electronic documents shall be deemed sent by the originator: