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(영문) 서울중앙지방법원 2017.07.27 2017나14962

손해배상금

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

2...

Reasons

1. The plaintiff's assertion

A. On September 7, 2014, the Plaintiff entered into a new contract with the Defendant for SKphone services (hereinafter “instant contract”) and began to use radio communications services provided by the Defendant from around 11th of the same month.

B. After that, the Defendant unfairly terminated the instant contract in a manner that substantially undermines telecommunications users’ interests on December 30, 2015.

The Defendant’s above termination by authority is null and void on the ground that the Plaintiff’s unpaid charges exceed KRW 100,000 as a result of calculating the penalty for breach of duty, which is not obligated to pay by the Plaintiff, including the unpaid charges.

Furthermore, the Defendant requested F&U Credit Information Co., Ltd. to collect the Plaintiff’s claim for KRW 161,210,00 in total, including the amount of KRW 65,560,00 in an unjust manner, thereby having the Plaintiff be at risk of repaying the non-existent debt.

C. As a result, the Plaintiff’s telephone number already used for a long time became unusable, the Plaintiff’s telecommunications service was not only impossible to carry out the Plaintiff’s two-wheeled delivery service, but also was also at a disadvantage in credit.

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 29,659,462 (i.e., ordinary daily wages of 102,628 won x 289 days for which business was not conducted after the date of suspension of service) and damages for delay.

2. On September 7, 2014, the Plaintiff entered into the instant contract with the Defendant, a mobile communications service provider, and started to use the radio communications service provided by the Defendant from the 11th day of the same month. The Defendant terminated the said contract on or around December 30, 2015 on the grounds of the Plaintiff’s unpaid usage fees, and the Plaintiff’s unpaid charges from the F&U Credit Information Company, a debt collector, etc.