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1. The Plaintiff’s principal based on the loan transaction agreement on September 30, 2015 for Defendant Mountain and Loan Co., Ltd. is 29,714,83 won and the principal based on the loan transaction agreement.
Reasons
1. The plaintiff's Dong B, who had the plaintiff's assertion, misrepresented the plaintiff and obtained a new bank passbook by misrepresenting the plaintiff, and the plaintiff misrepresented the plaintiff and entered into a loan transaction agreement with the defendants and received the remittance of the loan to the above new bank passbook, each obligation as to the defendants stated in the purport of the claim is created.
Plaintiff
Since each of the above loan transaction agreements between the Defendants and the Defendants are null and void, there is no obligation described in the purport of the claim.
2. Determination
A. In full view of the Plaintiff’s claims against Defendant Busan and a loan company, the Plaintiff’s Dong-in filed an application for a loan with Defendant Busan and a loan company and sent the loan contract in the name of the Plaintiff by forging the loan contract in the name of the Plaintiff. According to the above facts acknowledged, the above loan contract in the Plaintiff’s name was concluded with the Defendant by forging the relevant documents, and thus, it cannot affect the Plaintiff’s effect.
Therefore, it is reasonable to view that the Plaintiff’s above loans to the above Defendant do not exist. Therefore, the Plaintiff’s claim against the above Defendant is reasonable.
B. 1) The Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Documents Act”) regarding the claim against the Defendant OK Savings Bank
Article 7(2)2 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, according to 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 during electronic transactions shall be governed by the Digital Signature Act.