1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 21, 2012, E&P created a monetary loan agreement (hereinafter “instant agreement”) with the content that a loan applicant is the Plaintiff himself/herself by means of electronic transaction via an authorized certificate issued under the Plaintiff’s name and that 4.5 million won should be determined at 38.81% per annum after confirming that the applicant is the Plaintiff himself/herself (hereinafter “instant agreement”).

B. Around May 30, 2014, Nonparty Company transferred the claim for loans under the instant contract to the Defendant. On June 10, 2014, Nonparty Company notified the Plaintiff of the assignment of claims and reached that time.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) B, a member of the Plaintiff’s Republic of Korea, made a contract of this case with the Defendant by stealing the Plaintiff’s name, and there is no entry into the contract between the Plaintiff and the Defendant. Therefore, the Plaintiff seeks confirmation that there was no obligation to pay a loan under the contract of this case against the Defendant. 2) Since the Defendant urged the Plaintiff to repay a loan to the Plaintiff on a unilateral and coercive basis, the Plaintiff suffered emotional distress, the Defendant is liable to pay a consolation money of one million won to the Plaintiff.

B. The fact that the non-party company that transferred the loan claim under the instant contract under the Plaintiff’s name to the Defendant regarding the claim for confirmation of existence of one debt constitutes a contract by means of an electronic transaction using an authorized certificate under the Plaintiff’s name is as seen earlier. If the lending company confirms that the opposite contractual party is the principal through an authorized certificate, barring special circumstances, such as that the certificate was issued by a third party by forgery or other wrongful means, Article 7(2)2 of the Framework Act on Electronic Documents and Transactions.