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(영문) 서울남부지방법원 2020.08.28 2019나58146
채무부존재확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the part of “determination on a claim against Defendant Bank” in the judgment of the court of first instance as to this case, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence of

2. Parts in height:

3. Determination on the claim against the defendant bank

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s credit transaction agreement was concluded by stealing the Plaintiff’s name, and the Plaintiff’s authorized certificate used for the transaction is not issued by the Plaintiff, and as such, the digital signature is forged, Article 7(2)2 of the Framework Act on Electronic Documents and Transactions cannot be applied.

Therefore, the Defendant bank claims that the credit transaction agreement of this case was effective against the Plaintiff, and thus, it is sought to confirm that there is no obligation of the Plaintiff under the said agreement.

B. Determination 1) Article 7(2)2 of the Framework Act on Electronic Documents and Transactions in the relevant legal doctrine (hereinafter “Electronic Documents Act”) provides that “Where the received electronic document has been 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.”

Article 11 of the Electronic Document Act provides that matters concerning digital signatures in electronic commerce shall be governed by the Digital Signature Act. Article 3(2) of the Digital Signature Act provides that "where a certified digital signature exists, the relevant digital signature shall be signed, sealed, or sealed by the Signatory, and the content thereof shall be presumed not to have been changed after the digital signature was affixed." Article 18-2 of the Digital Signature Act provides that "Any other Act shall apply to the digital signature."

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