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(영문) 서울중앙지방법원 2020.11.17 2019가단5264000
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On May 18, 2015, a loan contract was made with the content that the Defendant as the creditor, the Plaintiff as the debtor, and the Plaintiff as the debtor, and the amount of the loan limit was KRW 32 million, and the subsequent loan was executed, and the loan was deposited into the deposit account in the name of the Plaintiff.

B. The above loan transaction agreement prepared in electronic document has a digital signature with the Plaintiff’s authorized certificate issued by a licensed certification authority pursuant to the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. Article 7(2)2 of the Electronic Document Act provides that “Where an electronic document received is sent by a person who has a reasonable ground to believe that it was based on the will of the originator or his/her agent, according to the relations 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.”

The purpose is to ensure the safety and reliability of the contents of these regulations and electronic documents and transactions.

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