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(영문) 서울남부지방법원 2019.07.18 2018나66225

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. Facts of recognition;

A. On July 6, 2017 and July 7, 2017, through the Plaintiff’s website, an application for new subscription to a mobile phone under each Defendant’s name was made, and two contracts were concluded for “the installment sale of terminal devices and the use of mobile telephone services.”

The main content of the contract is to pay monthly to the Plaintiff the mobile phone amount and the mobile phone service fee (hereinafter referred to as “user fee”) in using the mobile phone service to the relevant mobile phone number allocated by the Plaintiff by purchasing the mobile phone terminal in a part of the mobile phone, and using the mobile phone service.

On July 6, 2017, the phone number of “C” was allocated to the device of the contract concluded upon the request of the said person (hereinafter “first electronic contract”), and the phone number of “D” was allocated to the device of the contract concluded upon the request of the said person on July 7, 2017 (hereinafter “second electronic contract”).

B. In the process of concluding the first and second electronic contracts, the Plaintiff recognized that the application for new subscription to the mobile phone in the name of the Defendant received through the Plaintiff’s website by means of personal certification using the credit card was made according to the Defendant’s intent.

(A) The identification method by means of a credit card is to verify whether a new applicant is the same person as the person in whose name and resident registration number was entered and the credit rating agency’s identification process based on the input information, including the name and resident registration number, and to verify whether the applicant is the same person as the person in whose name the application was made; hereinafter “credit card certification method”).

On August 23, 2017, KRW 393,020 under the 2 electronic contract by automatic transfer from the new bank account in the name of the defendant, and KRW 229,000 under the 1 electronic contract by credit card settlement method in the name of the defendant was paid respectively on November 10, 2017.

Between August 2017 and January 2018.