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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 5, 2017, in the name of the Plaintiff, a loan transaction agreement was concluded between the Defendant and the Defendant with a view to KRW 3 million in principal and interest rate of KRW 25.9% in each year.
(hereinafter referred to as "the instant loan agreement". (b)
On February 5, 2017, the Defendant deposited KRW 3 million into the Plaintiff’s Nonghyup Bank account (B), and on the same day, the said KRW 3 million was transferred to another account.
C. On February 6, 2017, the Plaintiff filed a petition with the police for punishing a person who opened and used a mobile phone by misappropriation of the Plaintiff’s personal information, and on February 13, 2017, the Plaintiff stated to the effect that, by taking away the Plaintiff’s personal information, the Nong Bank’s account number, password, etc. from the police, he/she opened the mobile phone without permission, and then concluded the instant loan agreement and withdrawn the loan by using a certificate of official approval.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 2, and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The gist of the claim is that the loan contract of this case concluded by a third party by stealing the Plaintiff’s personal information without permission and used the loan. Thus, the Plaintiff does not bear all obligations under the loan contract of this case.
(2) Where an addressee of an electronic document falls under any of the following cases, he/she may regard the expression of intent contained in the electronic document as the originator’s act:
2. Where an electronic document received has been transmitted by a person who is reasonably believed by the addressee to have based on the will of the originator or his/her agent, in view of the relationship with the originator or his/her agent, matters concerning digital signatures in electronic commerce under Article 11 shall be governed by the Digital Signature Act;
The digital signature shall be effective, etc. under Article 3 of the Digital Signature Act.