면책확인
1. The Plaintiff’s communications fees and interest or damages for delay indicated in the separate sheet against the Defendant are assessed against the Defendant.
1. The following facts may be found in the absence of a dispute between the parties, or may be found in the entries in the evidence No. B, by taking into account the whole purport of the pleadings:
Attached Form
As indicated in the list, the mobile phone service contract was concluded between the Defendant and the Plaintiff on the mobile phone number “D” (hereinafter “instant mobile phone”). At present, the unpaid rate is KRW 2,374,500 (hereinafter “instant telecommunications fee”).
B. On January 21, 2019, the Plaintiff was granted immunity (hereinafter “instant immunity”) in the Incheon District Court Decision 2018Da848 Decided January 21, 2019, and the said decision became final and conclusive at that time. The instant communications fee obligations were not listed in the list of creditors of the said immunity case.
2. Judgment on the parties’ assertion
A. The Plaintiff’s assertion entered into a contract to use mobile communications services with the Defendant and the actual user of the instant mobile phone were not the Plaintiff’s family members, and the Plaintiff became aware of the existence of the instant mobile phone liability only after the decision on immunity of the instant case was made. However, even if the instant mobile phone liability was not entered in the creditor list, it was exempted by the decision on immunity of the instant case.
B. The Defendant asserted that the Plaintiff used the Defendant’s communications services over several years, and the Defendant urged the Plaintiff to reimburse the fees by means of mail, telephone, text message, etc. periodically from January 2017 to March 2018, which began to pay the unpaid fees. Since it is evident that the Plaintiff had known the existence of the instant communications charges prior to the application for immunity, even if the circumstance not recorded in the creditor’s list is recognized by negligence, the instant communications charges liability shall not be exempted.
C. The Defendant, prior to the decision on immunity of the instant case, shall prove No. 1 as evidence that the Plaintiff was aware of the obligations of the instant communications fee.