logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.11.28 2014나11909
구상금
Text

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. The reasoning for the court’s explanation concerning the instant case is the same as “basic facts” in the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. This part of the judgment on the cause of the claim is also the same as the entry in Section 3-b of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

3. Judgment on the defendant's assertion

A. In light of Articles 3, 8, and 11 of the Special Act on the Protection of Guaranteeer of Content, the intent of guarantee must be expressed in writing with the name and seal or signature of the guarantor, and the certified digital signature in electronic documents is invalid in light of the purport of the said Special Act.

Therefore, the defendant cannot respond to the plaintiff's request.

B. According to the first sentence of Article 8(1) of the Special Act on the Protection of Suretys, when a financial institution enters into a guarantee agreement as a creditor, it must present to the guarantor credit information related to the debtor's obligation provided by the centralized credit information collection agency pursuant to the Use and Protection of Credit Information Act, and obtain the name

In addition, according to Article 3 (1) and (2) of the Digital Signature Act, in cases where signature, signature, or seal is required by other Acts and subordinate statutes, if a certified digital signature is affixed on an electronic document, it shall be deemed to have been satisfied, and in cases where a certified digital signature exists, it shall be presumed that the digital signature is

In full view of the purport of the entire arguments in the statement of evidence Nos. 4 and 10 of this case, it can be recognized that there exists a certified digital signature under the name of the defendant in the credit information inquiry table for the guarantor who is an electronic document, and the content of the performance insurance policy also contains a certified digital signature under the name of the defendant. Thus, the defendant's credit information inquiry table and performance insurance for the above guarantor.

arrow