채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Through the Defendant’s Internet homepage, “B” around August 23, 2012, and “C”’s mobile phone (hereinafter “instant mobile phone”) around August 24, 2012 were applied for membership of each of the instant mobile phone (hereinafter “instant mobile phone”). Accordingly, the Defendant opened each of the said mobile phones.
B. At the time of the application for membership of the instant mobile phone, the Defendant confirmed that the Plaintiff was the Plaintiff’s application for membership by means of the personal identification method using the credit card under the Plaintiff’s name (the method of verifying the principal through the aforementioned credit card after entering the two forms before the name, resident registration number, credit card number, validity period, and password).
C. From the bank account in the Plaintiff’s name (CF) to the Defendant, the sum of KRW 193,650 won was automatically transferred from September 21, 2012 to October 7, 2012, KRW 7,920, October 22, 2012, KRW 6,435 on October 22, 2012, KRW 68,519 on November 21, 2012, KRW 193,650 on November 30, 2012, including terminal charges, service charges, etc. related to the instant mobile phone. The sum of KRW 2,370,490 on November 30, 2013.
【Ground of recognition】 The fact that there has been no dispute, entry of Eul-1 to 10, the result of the Defendant’s questioning, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that the Plaintiff did not file an application for joining the instant mobile phone service, and the third party abused the Plaintiff’s personal information.
Therefore, inasmuch as the Plaintiff did not bear an obligation related to the instant mobile phone, the Plaintiff sought refund of KRW 193,650 of the mobile phone fee already paid to the Defendant and confirmation of the non-existence of an obligation under the instant mobile phone contract.
B. The defendant's summary of the defendant's assertion is that the plaintiff or his/her agent is a contract by means of credit card certification, etc., and thus he/she has received an application for joining. Thus, the application for joining the mobile phone service of this case concluded with the plaintiff is valid, and the plaintiff's obligation is due.