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(영문) 대법원 2018.03.29 2017다257395
채무부존재확인
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an electronic document received has been sent by a person who has justifiable grounds to believe that it was based on the will of the originator or his/her agent by virtue of 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.”

In full view of the contents of these provisions and the legislative purpose of ensuring the safety and reliability of electronic documents and electronic transactions, electronic documents transmitted by a person who is confirmed to be the principal by an authorized certificate issued by a licensed certification authority in an electronic document transaction against his/her will, even if it was produced and transmitted against his/her will, barring any special circumstance, are sent by the addressee through a person who is deemed to be based on the will of the originator or his/her agent, barring special circumstances.

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