logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.04.25 2016가단14401
채무부존재확인
Text

1. The plaintiff's claim against the defendant B and the main claim against the defendant C are all dismissed.

Reasons

1. Facts of recognition;

A. On September 5, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a credit transaction agreement in the Plaintiff’s name, which received a loan of KRW 10 million from the Plaintiff’s bank account under the Plaintiff’s name (hereinafter “instant credit transaction agreement”) by means of electronic document, and carried out a loan by remitting KRW 10 million to a bank account in the Plaintiff’s name on the same day.

B. The credit transaction agreement received by Defendant B in electronic form had a digital signature using the Plaintiff’s authorized certificate issued by a licensed certification authority.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul-B or evidence of Nos. 1 through 6 (including Serial number), the purport of all pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. The gist of the parties’ assertion is that the Plaintiff did not have entered into the instant credit transaction agreement with the Defendant B, and the instant credit transaction agreement was null and void by using documents, etc. delivered by Defendant C, the spouse of the Plaintiff, who worked as the employee, and obtained an authorized certificate illegally by using the documents, etc. delivered by the Plaintiff. Thus, the Plaintiff asserts that the Plaintiff did not bear an obligation under the instant credit transaction agreement against the Defendant B.

On this issue, Defendant B asserts that the instant credit transaction agreement was lawfully concluded through the verification of the person himself by the authorized certificate and the digital signature.

B. Where the received electronic document under Article 7(2)2 of the Framework Act on Electronic Commerce has been sent by the addressee on the basis of his or her relationship with the originator or his or her agent, the addressee of the electronic document shall be given the electronic document.

arrow