logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.19 2019나35678
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. On January 23, 2014, the Plaintiff entered into a mobile phone service contract with the Defendant Company for the mobile phone number “G” at the first floor of the Seoul Mapo-gu Seoul Mapo-gu building (hereinafter “instant agency”) and used the mobile phone opening through the mobile phone.

B. In addition, on December 10, 2015, the instant agency prepared an application for subscription to “H” to use mobile communications services in the name of the Plaintiff company and the Defendant company (Evidence No. 1 and Evidence No. 5; hereinafter “instant application for subscription”) with respect to the mobile phone number H, and the said number-based mobile phone number (hereinafter “instant mobile phone”) was opened and used.

C. Following the opening of the instant mobile phone, the Plaintiff’s mother, at the short time, visited the instant agent to visit the instant agency and take necessary measures on account of the occurrence of high-amount information usage fees while using the instant mobile phone. On December 15, 2015, the Plaintiff, who entered the military, visited the instant agent on March 8, 2016 during leave, and applied for suspension of mobile communications services on the ground of military admission against the said two mobile phones including the instant mobile phone.

On February 13, 2017, the Defendant Company filed against the Plaintiff for a payment order of KRW 57,982,895 for usage fees payable to the instant mobile phone ( KRW 4,586,725, Jan. 2, 2016; KRW 39,04,220, KRW 13,871,400, KRW 243,720, and KRW 47 minutes from March 24, 2016; KRW 4,480, KRW 218, KRW 910, August 218, 2016; and KRW 30,000, KRW 243,720; and KRW 4,480 from April 13, 2016; and the Plaintiff failed to receive the payment order and delayed payment order after February 2017.

E. I and C, the Plaintiff’s parent, are the Plaintiff’s parents, on August 11, 2017.

arrow