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1.(a)
Plaintiff
As of May 19, 2015, defendant Q Q Co., Ltd., R Co., Ltd., and S Co., Ltd.
Reasons
1. Basic facts
A. The Defendants, as a financial company engaging in credit business, concluded each loan contract with each Plaintiff on the corresponding date of each claim between April 10, 2015 and July 25, 2015, through electronic transaction as shown in attached Table 1, as a financial company that is engaged in credit business (hereinafter “instant loan contract”), and deposited the relevant loan into the bank account in the name of each of the relevant Plaintiff.
B. At the time of entering into each of the above lending contracts with the Defendants, the contracting party, who met the Plaintiff, accessed the Defendant’s computer system through an authorized certificate under the name of each Plaintiff, and accurately entered the Plaintiff’s bank account number, password, and password, and sent the Plaintiff’s identification card by facsimile to the Defendants.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7 (including a serial number; hereinafter the same shall apply)
2. The Plaintiffs’ assertion as to the cause of the claim is that the instant loan agreement was executed with an authorized certificate at will on the basis of personal information related to financial transactions, which was obtained by deceiving the Plaintiffs that a third party in bad name had taken employment, and the Plaintiffs did not conclude a loan agreement with the Defendants as alleged, and thus, they sought confirmation thereof.
3. Determination on the cause of the claim
A. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an electronic document received is 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 relationship 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,” and Article 11 of the same Act provides that “An electronic document may be deemed as an originator’s act.”