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(영문) 수원지방법원 성남지원 2018.06.27 2017가단20936

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. During the period from November 1, 2012 to November 2, 2012, the Plaintiff entered into a contract to sell mobile phones and to use mobile phones (hereinafter “instant contract”) with the Defendant, and two mobile phones, which are “B” and “C” (hereinafter “instant mobile phone”).

B. The instant contract was concluded through the online website, and the verification procedure was conducted by means of an authorized certificate instead of verifying identification cards.

C. “B” mobile phone was subscribed to the Defendant’s mobile phone service on November 2, 2012 and terminated on December 26, 2013. The “C” mobile phone was subscribed to the Defendant’s mobile phone service on November 1, 2012 and terminated on June 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Since the plaintiff's third party's assertion entered into the contract of this case by stealing the name of the plaintiff and used the mobile phone of this case, the plaintiff is not liable for paying mobile phone usage fees and installment payments of terminal devices under the contract of this case.

3. Determination

A. In full view of the legal principles on the legal act using an authorized certificate and the legislative purpose of ensuring the security and reliability of electronic documents and electronic transactions, etc., an electronic document sent by a person who is confirmed to be the principal by the authorized certificate issued by the licensed certification authority in the transaction by means of electronic documents, barring any special circumstance, shall be deemed to have been sent by the addressee in a relationship with the originator or his/her agent, barring any special circumstance.