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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Determination" to the assertion that the plaintiff emphasizes in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addressee of the additional judgment electronic document may, in the case where “the received electronic document has been transmitted by the person who has justifiable grounds to believe that it was based on the will of the originator or his/her agent” in the relationship with the originator or his/her agent, regard the expression of intent contained in the electronic document as the originator’s act: Provided, That this shall not apply to the case where “the addressee has become aware that it is not the originator’s own” or “where he/she might have become aware if he/she had become aware of the procedures agreed with the originator with the originator
(3) Article 7(3)2 and (3)2 of the Framework Act on Electronic Documents and Transactions (Article 7(3) of the same Act). In light of the above provisions, it is reasonable to deem that there exists a reasonable ground to believe that an online subscription application filed in the name of the plaintiff was based on the intent of the plaintiff or his/her agent, and the contract of this case concluded with the defendant upon the above application is effective against the defendant, regardless of whether the plaintiff has stolen his/her name. Thus, the plaintiff bears the obligation to pay the defendant the telecommunications fee and the mobile phone installment for each of the instant mobile phones.
① The method of electronic commerce applied to the instant contract is not only permissible by relevant Acts and subordinate statutes, such as the Framework Act on Electronic Documents and Transactions, but also by means of credit card certification. The said method is sufficient to ensure the stability and reliability of electronic commerce.