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(영문) 서울중앙지방법원 2014.02.06 2012가단308036
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 11, 2012, the two mobile phone numbers (B, “C”) were assigned to the Defendant under the Plaintiff’s name by entering into two mobile phone calls and mobile communications service use agreements (hereinafter “instant contract”).

B. The instant contract was submitted to the Defendant via the Internet website by the electronic document requesting the application for subscription in the name of the Plaintiff. At the time, the Defendant confirmed that it was a contract by the Plaintiff himself by means of “electronic signature based on the official certificate.”

C. On June 29, 2012, the Plaintiff submitted a written petition to the head of the Gyeonggi-gu Police Station for the establishment of three mobile phones in the Plaintiff’s name.

The Defendant asserted against the Plaintiff that there was a device installment and mobile communications service charge claim under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional numbers), Eul evidence 1 to 9, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion made a contract of this case with the Defendant by stealing the Plaintiff’s name.

Therefore, the Plaintiff does not bear obligations against the Defendant under the instant contract.

B. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions in the market 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, the addressee of the electronic document may regard the expression of intent contained in the electronic document as the originator’s act, according to the relations with the originator or his/her agent,” and Article 11 provides that “matters concerning digital signatures among electronic commerce shall be governed by the Digital Signature Act.”

Article 18-2 of the Digital Signature Act uses an authorized certificate under other Acts.

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