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(영문) 청주지방법원 영동지원 2018.06.08 2017가단4903
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 7, 2014, Plaintiff’s words “B” entered into a marina loan transaction agreement (hereinafter “instant loan agreement”) with a content of lending KRW 3 million in the Plaintiff’s name by accessing the Defendant’s Internet homepage.

B. On August 20, 2015, B received a summary order of KRW 3 million on the criminal facts, such as: (a) having access to the Defendant’s Internet website by using the Plaintiff’s authorized certificate; (b) having applied for a loan; and (c) having obtained the Defendant’s employee’s transfer of KRW 2 million by using the Plaintiff’s authorized certificate; and (d) having received the said summary order finalized.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the loan agreement of this case was concluded by misappropriation of the Plaintiff’s name, and the Plaintiff does not bear any obligation under the loan agreement of this case against the Defendant.

B. Defendant’s assertion 1) The Plaintiff asked B to receive a scholarship application and delivered the passbook of community credit cooperatives and so, B had the basic authority to act on behalf of the Plaintiff. The Defendant received documents, such as the Plaintiff’s identification card, and received electronic signature through the Plaintiff’s authorized certificate and confirmed the Plaintiff himself in the form of a Handphone certification and a currency in the Plaintiff’s name. As such, there was a justifiable reason to believe that the Defendant was the Plaintiff’s exercise of his authority. Therefore, the Plaintiff is responsible for the legal doctrine of expression agency under Article 126 of the Civil Act. (2) The Plaintiff, a third party, informed B of all personal information, such as the account number, resident registration number, etc. essential for the issuance of the certificate of access

Therefore, the Plaintiff is liable to compensate the Defendant for damages arising from the loan agreement of this case pursuant to Article 750 of the Civil Act.

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