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(영문) 대전지방법원 2016.04.20 2015가단224466

손해배상(기)

Text

1. New subscription to the Plaintiff’s mobile phone B as of March 23, 2012 to the Defendant and based on the terminal installment contract.

Reasons

1. Facts of recognition;

A. On March 23, 2012, with respect to B in the Plaintiff’s name, each Defendant’s subscription to mobile communications services and a mobile device installment purchase contract was made on March 26, 2012.

B. The Plaintiff filed a civil petition with the Korea Association for Telecommunications Civil Disputes (hereinafter “Korea Association for Telecommunications Promotion”) with the following purport: “The employee in charge, when receiving a loan counseling, proposed a proxy shipment on the subscription to the mobile communications service, but rejected. The employee in charge only reported to the commercial company and immediately discontinued the mobile communications service, and sent a certificate of personal seal impression, etc. on the ground that he/she would not open the call if there is doubt that he/she would not open the call. However, even though the opening verification call was not open, it was in doubt that the call was not opened, but it was concluded by the third party by stealing the Plaintiff’s information.”

C. On February 27, 2013, the Communications Civil Conciliation Center of the Korea Information and Communications Technology Promotion Association attached with the power of attorney with the Plaintiff’s seal impression affixed and the certificate of seal impression attached to B, so that the Plaintiff was unable to become aware of the opening of the said lines. However, since the agent’s identification card was omitted, the Defendant partially verified the Defendant’s negligence. As such, the Defendant exempted 30% of the overdue charge and paid the remainder 70% of the Plaintiff. In the case of Cre-ray, the Defendant was found to have been negligent by the Defendant, such as the Plaintiff’s application for opening by a third party and the confirmation of proxy documents such as power of attorney, and thus, the Defendant exempted from the overdue charge.”

The Defendant accepted the above mediation proposal and exempted the delinquent charges for C Line, and reduced the delinquent charges for B Line B to KRW 1,501,570, but the Plaintiff asserted that it cannot be deemed that the mobile communications service subscription contract was concluded between the leading Plaintiff and the Defendant, and filed a lawsuit to confirm the existence of the debt of this case.

E. On the other hand, C Line is related.