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(영문) 서울중앙지방법원 2016.01.13 2015나16940

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is the same as the part of the reasons for the judgment of the court of first instance except for the second to the second to the third to the third to the third to the third to the third to the judgment of the court of first to the extent stated below. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part ① The Defendants are companies that invested large-scale capital in order to build a mobile communications network and to acquire radio frequencies, and thus, are guaranteed the freedom of business to form and present various products with different contents of services permitted according to the prices of products. The above service agreements between the Plaintiffs and the Plaintiffs were concluded in accordance with the terms and conditions as approved or reported by the specialized regulatory body under the Telecommunications Business Act (the Korea Communications Commission was at the time, and the present is the Ministry of Science, ICT and Future Planning).

At the time of entering into a service contract with the Defendants, there was no good allowing m-VoIP services on the fee system of 3 to 40,000 won.

Even if goods are more than 50,00 won, m-VoIP services were permitted, and the difference in the above communications fees is difficult to deem that the plaintiffs cannot choose 3-40,000 won goods.

In other words, the plaintiffs, when they intend to mainly use m-VoIP services, are able to subscribe to more than 50,000 won of goods, after comprehensively examining communication costs, the utility value of m-VoIP services, their needs, etc., and then subscribed to the m-VoIP service in an integrated charge system where m-VoIP services are limited

The plaintiffs claim that m-VoIP services are permitted with respect to the fee system of 30,000 won and 40,000 won, but the permitted amount shall not be more than a half of the permitted amount for the heavy and high price system of 50,000 won. However, even based on the plaintiffs' claim, m-VoIPs for the fee system of 3,40,000 won and low price system.