beta
(영문) 서울중앙지방법원 2016.04.28 2015나46491

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Basic facts

A. On December 14, 2012, the Plaintiff purchased a mobile phone as indicated in paragraph (1) of the claim through the Internet shopping mall (hereinafter “instant mobile phone”) in the name of the Plaintiff, and the Defendant’s Intervenor’s online application form joining the mobile communication service was prepared.

The above online subscription application contains the defendant's name and resident registration number, and the contact information column includes "F", "Seoul Mapo-gu E4th floor" in the address column, "G", and the national bank account number (H) in the payment method column.

B. The procedure for entering into an online mobile communications service subscription contract with the Defendant joining the Defendant is as follows:

1) First, the Intervenor’s Intervenor’s Intervenor’s Service Use Clause must consent. 2) The name and resident registration number shall be stated in the Defendant’s Intervenor’s Service Use Clause.

3) The subscriber’s basic information must be certified as to the existence of the card number by the card number after recording his name, address, telephone number, e-mail, rate payment method, withdrawal consent, card number and validity period, and then indicating the card number. 4) Lastly, an authorized certificate or a credit card in the name of the subscriber is not necessary to display an identification card in the case of an authorized certificate, and in the case of a credit card certification, an identification card is required.

In the case of the certification of a credit card, if two pages are entered in the front of the four-dimensionals of the name, resident registration number, card number, effective period, and password, the online service subscription contract shall be completed and completed.

C. After the application for online admission was made under the Plaintiff’s name with respect to the instant mobile phone whose phone number is B, as described in the foregoing paragraph, the identification was made by way of certifying two pages prior to the card number and password of the national VSA credit card owned by the Plaintiff in accordance with the procedure described in the foregoing sub-paragraph (b).

In addition, the copy of the plaintiff's resident registration certificate from Fax No. D on December 17, 2012 to the defendant joining the defendant by facsimile.