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(영문) 창원지방법원진주지원 2016.07.08 2015가단33249

채무부존재확인

Text

1. The Plaintiff’s obligation based on each subscription agreement entered in the attached list of the Plaintiff’s subscription details against the Defendant is KRW 1,070,080.

Reasons

1. Facts of recognition;

A. Between the Plaintiff and the Defendant, each subscription contract, such as the attached list, was concluded (hereinafter collectively referred to as “each of the instant contracts,” and, in case of need, indicated as “first contract, etc.” according to the sequence in the attached list of subscription details), and the Plaintiff terminated all of the instant contracts around November 3, 2014.

[Suspension of Use] Where the user fee is unpaid (70,00 won or more) twice, the defendant may suspend the use of the service if he/she commits a violation of the terms and conditions, such as the transmission of printed materials under another person's name (name), deposit account, or credit card without permission, and if he/she violates the Acts and subordinate statutes, he/she may suspend the use of the service.

[Termination (general, ex officio Termination)]

2. The defendant may inform customers of the reasons and terminate services ex officio by no later than five days in the event of violation of the statutes and the terms and conditions, such as the unpaid usage fees, theft by others, and the sending of brochures messages.

(However, in the case of using brochures that are not consistent with the purpose of providing services, or by sending brochuress, etc., it may be notified first after termination.

B. The Defendant’s terms and conditions pertaining to each of the instant contracts are as follows.

C. On February 26, 2015, Jinwon District Court’s Jinju Branch: (a) stated that “E has forged and exercised a third contract under the Plaintiff’s name” with respect to “E,” but, on the criminal facts, stated that FF has forged an application for subscription to the Stecom; (b) however, according to the overall purport of each entry and pleading in subparagraphs 1 and 11 of the evidence A, the Defendant’s application for admission appears to have been forged.

The summary order of KRW 2,00,000 was notified, and the order became final and conclusive around that time.

(hereinafter referred to as the “instant summary order”). The sum of KRW 2,328,754 (2), 2,754 (2,754), 2,754 (2), B 1,106,060 (2) B 1,106,060) and KRW 886,750 (3 C 152,614 (4 D 1,070,080) and KRW 920,43 (2,328,754) to be used for the mobile phone numbers.