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(영문) 서울서부지방법원 2016.10.14 2015가단30575

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 9, 2011, the Plaintiff’s name linked to the Internet shopping mall D site (hereinafter “D shopping mall”) and purchased two mobile phones in installments, and drafted an online subscription application with the content of joining the Defendant’s mobile communications service.

The above online subscription application contains the Plaintiff’s name, resident registration number, and mobile phone to the address of the Plaintiff to be delivered, the Plaintiff’s account number is indicated as the Plaintiff’s automatic transfer bank account for the payment of charges, and the contact number is indicated as “E” and “F” in the contact column.

(E. (A) If e-mail IDs are entered in the Korean language from KIKO, the name of the plaintiff shall be 'A'). (b)

In order to join the defendant's mobile communications service via the Internet, the defendant's entry of detailed information on the real name of the consent of the terms and conditions (the procedure for consent to the settlement for the payment of the price is in progress) (a certified certificate or credit card) shall be conducted.

C. On May 9, 201, the Plaintiff used the Plaintiff’s credit card information established on November 17, 201, thereby certifying himself/herself on May 17, 201, 17:08:45, 17:04:50, and 17:04:50, and the copy of the Plaintiff’s resident registration certificate was sent to the future telecom Company, a defendant’s agent located in the city of origin by facsimile on May 11, 2011, the Defendant approved the above online subscription application and entered into a mobile phone number B and C mobile phone service use contract and sales contract (hereinafter “instant contract”).

On May 16, 201, immediately after the change of the method of payment of fees by mail, the address of the place of the claim was changed to the G and the second floor of Ansan-si, a non-resident's address.

E. From July 18, 201, from around July 18, 2011, the aforementioned mobile phone (final number B) calls several times with the Defendant’s service center on several occasions, or visits the direct control point on May 27, 2013 to make a problem of the theft of name. As to other mobile phones (final number C), the Defendant’s high-speed city on March 30, 2012.