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(영문) 서울남부지방법원 2018.04.27 2017나62714

사용료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 9, 2016, the Plaintiff is a company operating a special category telecommunications business, etc. that opens a mobile phone via the Internet. On the other hand, the Plaintiff’s online (m.Fet.co.D) website received an application for joining a mobile phone in the name of the Defendant.

B. At the time of the above application for subscription, the Defendant’s name and resident registration number were entered, and the automatic payment of charges was filed by the national credit card (number B) under the Defendant’s name. The Defendant’s personal certification was made by the credit rating agency (NE Evaluation Information Company) through the above national credit card certification under the Defendant’s name (personal certification number C), and the Defendant’s name, resident registration number, card number, effective period, CVC value, and password were confirmed to correspond to the actual credit card information.

Therefore, the mobile telephone service subscription contract was concluded regarding D's time.

(hereinafter “instant contract”). C.

Meanwhile, around June 2016, E, the Defendant’s ushel’s wife (the Defendant’s married F’s wife’s wife’s wife’s husband’s wife’s wife’s husband’s wife’s wife’s husband’s wife’s wife), obtained the Defendant’s authorized certificate information and identification card in the course of obtaining the Defendant’s authorized certificate from the agricultural cooperative located in the Gyeongbuk-do

E access to the Plaintiff’s website on June 9, 2016, and obtained the Defendant’s certification through an authorized certificate issued in the Defendant’s name without the Defendant’s permission or consent, and subsequently forged electronic records of the application for joining the mobile phone in the Defendant’s name.

E was indicted as a crime, such as an electronic records, and was sentenced to six months of imprisonment on June 15, 2017 (the Busan District Court Decision 2017Ma1190).

The instant contract was terminated on March 2, 2017 and unpaid user fees, etc. until termination are KRW 722,080.

[Reasons for Recognition] Gap's evidence Nos. 1, 2, 4, Eul's evidence Nos. 1, 2, 10, 11, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff is asserted.