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(영문) 수원지방법원 성남지원 2018.11.30 2018가단5293

손해배상(기)

Text

1. The Defendant’s KRW 42,732,650 for the Plaintiff and KRW 5% per annum from March 6, 2018 to November 30, 2018.

Reasons

Basic Facts

- B made a loan to the Plaintiff by opening a mobile phone in the name of the Plaintiff, and made a contract between B and B to bear the communication fee incurred in the process.

- Accordingly, the Plaintiff served documents, etc. necessary for opening the mobile phone to B, and opened 25 mobile phones in the name of the Plaintiff through Scomcom.

- However, as the Plaintiff failed to pay the communication fee, and the Plaintiff demanded that the Plaintiff settle the above fare, B introduced the Defendant to the Plaintiff as a person who will solve the above fare problem.

- The defendant proposed that the plaintiff will re-enter the mobile phone again and pay the unpaid and new mobile phone telecommunication fees (including the telecommunication fees already paid by the plaintiff) and the new mobile phone charges, and that the new opened mobile phone will change the name of the subscriber to another person within three months from the opening of the new mobile phone, and the plaintiff respondeded to this.

- On June 17, 2015, the Defendant received documents, such as a business registration certificate, a copy of the register, a certificate of personal seal impression, etc. from the Plaintiff to open the mobile phone under the Plaintiff’s name. On June 17, 2015, the Defendant prepared and sent to the Plaintiff a letter with the purport that, with respect to the unpaid communications charges of 25 mobile phones opened in the former Plaintiff’s name, 13 mobile phones will be paid in cash, and 12 copies will be accepted by C through a change of name, and the new opened mobile phone will complete the change of the name of the subscriber within 94 days (hereinafter “each of the instant

- Accordingly, from June 18, 2015 to June 24, 2015, the Defendant changed a total of 22 cell phones into the name of the Plaintiff via Lan Pung Plus Co., Ltd., as shown in the attached list of crimes.

[Reasons for Recognition] Facts without dispute, entry in Eul Nos. 3, 4, and 5 (if available, including branch numbers; hereinafter the same shall apply) and arguments.