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(영문) 서울중앙지방법원 2015.05.22 2014가단216223

채무부존재확인

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff had B, an employee of the Plaintiff, use the line of mobile communications services (portable phone number A) of the Defendant Company, which was admitted to the Plaintiff’s name.

B. B, during Spanish travel, lost its cell phone number from May 30, 2014 to May 31, 2014 (from May 31, 2014 to May 01, 201:00 (from May 31, 2014 to May 31, 2014 to May 08:00).

C. On May 31, 2014, from 08:47:33 to 05:23:23 on June 1, 2014 (from May 31, 2014 to 22:23:23:3 on May 31, 2014 to 80 times using the above mobile phone (including value-added tax). The fee for use is KRW 4,774,385 (including value-added tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The purport of the parties' assertion is that the defendant's report on the loss of the mobile phone overseas is difficult, and the report on the loss was delayed due to the failure to provide guidance on the method of reporting the loss, and that the defendant did not take measures to protect customers even though the use of the mobile setting service was ordinarily excessive, the part exceeding KRW 1,432,335, out of KRW 4,774,385 (including value added tax) for the loss period, which is equivalent to 30% of the amount of the royalty for the loss period, which the plaintiff himself/herself recognized, did not incur any liability, or is set off against the defendant's damage liability against the plaintiff.

3. In full view of each of the statements in the evidence No. 8, No. 1 and No. 3, when the defendant's customer lost his/her mobile phone from abroad, the defendant's Internet homepage or ro programming center (82-3416-7010) may report the loss of his/her mobile phone through the defendant's Internet homepage or ro programming center (82-3416-7010), and the defendant's report on the loss of his/her mobile phone by requesting the domestic branch, etc.