1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 2,980,360 as well as to the plaintiff on July 14, 2018.

Basic Facts

On June 28, 2017, the plaintiff's online website received each application for joining two mobile phones in the name of the defendant.

At the time of the above application for membership, the identification was completed by the official certification, the name of the defendant and the date of birth were entered, and the automatic transfer was applied for in the account number of C Organizations in the name of the defendant.

The unpaid user fees of two mobile phones (the telephone number: D, E, and hereinafter referred to as the “instant mobile phone”) admitted under the name of the Defendant are 2,980,360 won in total from August 2017 to June 2018.

[Ground of Recognition] Facts without dispute, Gap's statements as to Gap's evidence and the purport of the whole argument as to the plaintiff's main claim: The plaintiff's main claim shall be made by the service application through an official certification procedure, etc., and the plaintiff and the defendant have already concluded a contract for the use of telecommunications services related to the mobile phone of this case between the plaintiff and the defendant, or the defendant has granted the right of representation to the plaintiff under the above contract.

Preliminary Claim: Even if the non-member of the name opened the mobile phone of this case by stealing the name of the defendant, the defendant delivered his resident registration certificate, account number, security card and password to the non-member of the name, and thus, the defendant should be held liable for tort due to negligence.

The defendant's name was stolen by the defendant, and the defendant did not have any fact of using the mobile phone of this case and therefore is not liable to pay the user fee.

Judgment

An electronic document sent by a person whose identity has been verified by an authorized certificate issued by the licensed certification authority in the transaction by electronic document, even if it was prepared and transmitted against his/her will, the electronic document received as provided by Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Documents Act”) barring any special circumstance.