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(영문) 서울중앙지방법원 2017.03.29 2017나3283
대여금등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 10, 2010, the Plaintiff entered into a credit transaction agreement with the Defendant (credit loans: credit loans, loan maturity date: August 19, 2012; normal interest rate: 10.3%; and overdue interest rate: 19%) and borrowed KRW 10,00,000 from the Defendant on the same day.

B. The above credit transaction agreement was concluded through an electronic contract through electronic signature, and on the same day, the agreement was prepared through an electronic signature using the Defendant’s authorized certificate.

C. The Defendant did not pay the principal and interest pursuant to the above credit transaction agreement and lost the benefit of time around March 27, 2012.

The principal and interest of the Defendant’s loan is KRW 10,00,000 as of January 26, 2016 and interest and damages for delay, plus KRW 17,826,66,65 as of January 26, 2016.

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

2. Determination

A. Article 3(2) of the Digital Signature Act provides that "where a certified digital signature exists, the relevant digital signature shall be deemed to have been signed, sealed, or affixed by the Signatory, and its content shall be presumed not to have been altered after the digital signature was affixed thereto." Article 18-2 of the same Act provides that "where any other Act does not restrict or exclude the identification of the principal by using an authorized certificate, the identification may be verified by an authorized certificate issued by the licensed certification authority pursuant to the provisions of this Act." Article 358 of the Civil Procedure Act provides that "private document shall be presumed to have been authentic if it is signed, sealed, or stamped by the principal or his agent."

As seen earlier, a credit transaction agreement between the Plaintiff and the Defendant was prepared by means of digital signature using an authorized certificate, and the authenticity of the said agreement is presumed to have been established pursuant to the said legal provisions. Therefore, barring any special circumstance, the Defendant is either KRW 17,826,665, and the Defendant’s total amount of principal and interest loaned to the Plaintiff.

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