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1. As to KRW 11,143,191 and KRW 5,851,891 among them, the Plaintiff (Counterclaim Defendant) from June 10, 2016.
Reasons
1. Basic facts
A. The Defendant’s Internet homepage prepared a credit loan agreement with the following contents, which completed the Plaintiff’s certification with the Plaintiff’s authorized certificate:
(hereinafter “instant loan”). The loan applicant A, 7,00,000 won, the agreed interest rate of 29.9% per annum, 38.9% per annum, the loan period of 48 months, the principal and interest equal, and automatic transfer bank B (Deposit Notes A).
B. On April 3, 2013, the Defendant deposited KRW 7,000,000 in our bank account under the Plaintiff’s name.
C. On April 3, 2013, C was found guilty of the crime of fraud by using computers, etc. ( Daejeon District Court Branch Decision 2014Da367,1045) on the following grounds: (a) after accessing the Plaintiff’s authorized certificate to the Defendant’s homepage by entering the Plaintiff’s authorized certificate number on the Defendant’s website; (b) after applying for a loan under the Plaintiff’s name, transferred KRW 7,00,000 from the Plaintiff’s account to the Plaintiff’s account by entering the Plaintiff’s account number, password, and the Plaintiff’s authorized certificate number into the Plaintiff’s account; and (c) transferring the said KRW 7,00,000 from the Plaintiff’s account to the Plaintiff’s account.
[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The parties’ assertion 1) There is no fact that the Plaintiff applied for the instant loan, and there is no fact that the Plaintiff received the loan. Since the instant loan was made by a tort committed by C, there is no Plaintiff’s obligation. 2) The instant loan is valid as a loan agreement between the Plaintiff and the Defendant.
At the time of the instant loan, the Defendant confirmed the Plaintiff himself by using an authorized certificate under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) and the Digital Signature Act.
In addition, the Plaintiff concludes a loan agreement by repaying a part of the loans after the instant loan.