사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On January 10, 2013 between the Plaintiff and the Defendant’s name, each Plaintiff’s mobile phone installment trading and service contract regarding B and C entered into a contract (hereinafter “each of the instant contracts”) and the said number’s mobile phone openings.
B. Each of the instant contracts was concluded through an Internet website. When concluding a contract via the Internet website, the Plaintiff goes through a personal verification procedure using a “electronic signature method based on a certified certificate” or a “credit card identity certification method (in the form of inputting the name, resident registration number, credit card number, validity period of the said credit card, and password)” in his/her name in lieu of verifying his/her identification card.
C. Each of the instant contracts (hereinafter “each of the instant contracts”) drafted in the name of the Defendant and transmitted to the Plaintiff (hereinafter “instant contracts”) was written in the same manner as the Defendant’s name, resident registration number, and address as that of the Defendant’s actual. The Defendant’s mobile phone was delivered to the Defendant’s place of work, and the Defendant’s personal verification procedure was conducted by means of “credit card identity certification.”
Each of the above mobile telephones opened and used in accordance with each of the instant contracts was terminated on January 30, 2013, and the usage fees, etc. accrued during the period of the termination are KRW 1,393,480, and the Defendant did not pay the above amount up to the date.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 2, 4, and 6, the purport of the whole pleadings
2. Determination as to the cause of action
(a) Article 7 of the Framework Act on Electronic Commerce (where the originator is deemed to have transmitted such documents) (1) Any declaration of intent contained in any of the following electronic documents shall be deemed to have been sent by the originator:
2. An electronic document transmitted by a computer program composed of automatic transmission and reception of electronic documents or by other electronic means.