사용료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On January 4, 2016, the Plaintiff, as a key telecommunications business operator providing telecommunications services, entered into a contract for the use of mobile communications services, including the installment transaction of mobile phones in the Defendant’s name (hereinafter “instant contract”).
B. The Defendant did not pay KRW 1,722,40 on the aggregate of KRW 61,60 on March 2016, 2016, KRW 550,40 on April 2016, KRW 542,360 on May 2016, KRW 506, KRW 506,60 on June 2016, KRW 1,120 on July 2016, and KRW 60,100 on August 2016.
C. On the other hand, C was indicted for criminal facts that “C was sentenced to imprisonment on January 16, 2018 with prison labor on the part of the Defendant on the solicitation book, and was sentenced on January 16, 2018 to imprisonment with prison labor on August 2018, 2018, with prison labor on August 30, 2018 from the appellate court that was initiated by C for a period of six months, and the charges or the cost of the device claimed in the opening of a mobile phone under the name of the Defendant would not be at all at issue.” On the other hand, C was sentenced to suspended execution for a period of six months.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the parties’ assertion was that the Defendant granted C the right of representation for the conclusion of the instant contract, or consented to open a mobile phone using his/her name. Accordingly, C entered into the instant contract. Accordingly, the Defendant shall pay the Plaintiff the telecommunications service user fee and the terminal cost incurred under the instant contract.