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(영문) 인천지방법원부천지원 2019.05.09 2017가단108921

손해배상금

Text

1. The Defendants jointly pay to the Plaintiff KRW 52,215,310 and the interest rate thereon from May 9, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 11, 2014, the Defendants subscribed to two mobile phones in the Plaintiff’s name, the Defendants did not claim for the expenses because they would have paid the mobile phone price and the mobile phone fee, and did not cause any damage to the Plaintiff.

B. However, in fact, the Defendants did not have any intention or ability to destroy or return such fact or not levy the toll phone charges since they had thought to dispose of other persons of the fact that they had been opened in the name of the Plaintiff from the beginning.

Accordingly, the defendants were punished by a fine of KRW 2 million for each crime of fraud.

(Seoul Central District Court 2017 High Court 13935). (c)

The Plaintiff entered into two mobile communications service contracts (hereinafter collectively referred to as the “instant mobile communications contract”) with D Co., Ltd. (hereinafter referred to as the “Telecommunications Co., Ltd.”) on the same day, respectively, and issued two mobile phone core chips to the Defendants.

After the termination of each of the instant mobile communications contracts on December 23, 2014, the telecommunications company filed a claim against the Plaintiff for the payment of the total of 52,215,310 won (=25,795,140 +26,420,170 won) after the termination of the instant mobile communications contract.

E. On April 26, 2016, the Seoul Central District Court sentenced the Plaintiff to pay the unpaid telecommunications charges, etc. to the telecommunications company (2015da5286750), and the said judgment became final and conclusive on July 21, 2017 through the appellate court.

(See Supreme Court Decision 2016Na27558 Decided July 5, 2017; 2016Na27558 Decided July 5, 2017). Defendant C: The fact that there is no dispute between Defendant B and Defendant B, each of the descriptions or images of Party A’s evidence Nos. 1 through 6 (including each number), and the purport of the whole pleadings.

2. According to the above facts of recognition, the Plaintiff entered into the instant mobile communications contract as part of the fraud committed jointly by the Defendants, and issued the core chips, and the result thereof.