미지급 통신요금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that develops and supplies Auto-call, VoIP, Ums system, and manages and operates network networks to provide Internet communications services.
B. On December 16, 2011, the Plaintiff entered into a contract for the instant communications service use with the Defendant (hereinafter “instant contract”). The Defendant, using the communications service provided by the Plaintiff, engaged in the Internet and the attracting of subscription to mobile communications with the trade name “D.”
(c)
The defendant started to operate D from April 4, 201, and closed on May 30, 2014.
(d)
On October 6, 2015, the Plaintiff filed a lawsuit seeking payment of KRW 46,810,230 of the unpaid communications charges against the Defendant (hereinafter “instant prior suit”) but the said lawsuit was final and conclusive as the withdrawal on April 19, 2016.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant’s fee that was not paid after using the service in accordance with the instant communications service use agreement reaches KRW 49,089,390 as of January 21, 2020.
Therefore, the defendant is obligated to pay the above money and the delayed damages.
B. On May 30, 2014, Defendant D was also subject to the instant contract on the use of telecommunications services.
In around 2015, the Plaintiff filed a prior suit of this case, and at that time, the Plaintiff and the Defendant agreed to withdraw the suit.
The telecommunication fee claimed by the Plaintiff has already expired by prescription.
3. The evidence presented by the Plaintiff alone is insufficient to recognize the fact that the Defendant’s fee to be paid to the Plaintiff pursuant to the instant contract on the use of telecommunications services reaches KRW 49,089,390, and there is no other evidence to acknowledge the fee.
4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.