1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D voluntarily brought the Plaintiff’s resident registration certificate on December 3, 2014, opened a bank account in the name of the Plaintiff, and opened a mobile phone in the name of the Plaintiff by visiting E agencies.

B. D, on August 29, 2016, visited the Changwon branch of the Enterprise Bank to file an electronic financial transaction application in the name of the Plaintiff and was issued an authorized certificate.

C. On August 29, 2016, the Defendant received an application for a loan under the Plaintiff’s name through the Defendant’s Internet homepage in electronic form, and concluded a loan contract (hereinafter “instant loan contract”) with a loan of KRW 27 million, 60 months, interest rate of 24.8% per annum, etc. Around August 29, 2016, the Defendant transferred a loan of KRW 27 million to the Plaintiff’s bank account in the Plaintiff’s name. In the process, the Plaintiff’s authorized certificate issued by the licensed certification authority for identification and the mobile phone certification in the Plaintiff’s name were used.

Around April 18, 2018, the Plaintiff filed a complaint against D, such as theft and fabrication of private documents, and D, as seen above, was sentenced to imprisonment with prison labor for two years on May 23, 2019, for fraud, etc., as the Changwon District Court Decision 201Da3129, around May 23, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 10 evidence, Eul's 1 through 3, and the purport of whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion D steals stolen the Plaintiff’s identification card, and concluded the instant loan contract with the Defendant by stealing the Plaintiff’s name. As such, the instant loan contract is null and void. 2) The Defendant’s assertion that the instant loan contract was concluded in the form of an electronic contract through the process of certifying the Plaintiff’s authorized certificate. Therefore, the Framework Act on Digital Signature, Electronic Documents and Transactions (hereinafter “Electronic Document Act”).