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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On January 26, 2018, E, the accounting division manager of F Co., Ltd. operated by the Plaintiff, who managed an authorized certificate, passbook, credit card, etc. under the Plaintiff’s name. On January 26, 2018, the Defendant Co., Ltd. applied for a loan from the customer center of the Defendant Co., Ltd. to the customer center of the Defendant Co., Ltd. as if the Plaintiff was the Plaintiff himself/herself was the Plaintiff, followed the Plaintiff’s name, resident registration number, credit card number and password under the Plaintiff’s name, and deposited KRW 25 million with the G bank account under the Plaintiff’s name on the same day (hereinafter “instant loan”). The said money was fully withdrawn
B. E was indicted for fraud, computer, etc. fraud, fabrication of private documents, uttering of falsified investigation documents, electronic records, etc. with respect to the above loan cases, etc., and was sentenced to imprisonment with prison labor on August 13, 2019 from Changwon District Court (2019No264, 506 (merged)) and the above judgment became final and conclusive on February 7, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 7, 10 evidence, Eul evidence 1 and 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) : The instant loan applies for the use of the Plaintiff’s name by misappropriation that E had an authorized certificate, etc. under the Plaintiff’s name. Although the loan was made in the form of electronic financial transaction through an authorized certificate, etc., the instant loan agreement is null and void since the Defendant was grossly negligent in failing to verify the Plaintiff’s application for loan and signature, etc., and thus, the instant loan agreement is null and void. (2) The Defendant’s loan was made through a non-face electronic financial transaction; and (3) the Defendant had completed the procedure of identification through an authorized certificate and a credit card under the Plaintiff’s name at the time of the transaction. Therefore
(b) judgment 1) Framework Act on Electronic Documents and Transactions (hereinafter referred to as “Framework Act”).