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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On June 20, 2016, the Plaintiff purchased a new mobile phone (hereinafter “instant mobile phone”) through Defendant B, who is an employee, at the mobile phone agency of Defendant C’s “D” operated by Defendant C, and changed the trade name from H to G on October 26, 2017 using the name of Defendant B, who was an employee.
(hereinafter referred to as the "G") has subscribed to alphphone communications services, and the contents relating to this case in the application form are as follows:
The cost of purchase of a mobile phone: 36 months in the unit area, 319,00 won in the unit area, 319,000 won in the unit area, 319,000 won in the unit area, and 861 won in the monthly installment commission: The charge amount of KRW 1, 19,800 in the unit area, 9,900 in the unit amount (including the charge discount rate of KRW 9,900 in the unit amount): 9,740 in the unit amount of the mobile phone purchase (including the charge discount) monthly, 9,900 in the unit amount, 117,490 won in the total amount, 19,640 won in the unit amount, 118,860 won in the remaining part of the JADphone, 118,860 won in the unit area.
B. On September 2016, the notice of the charge for the instant mobile phone stated “39,05 won for telecommunications rates, 9,642 won for terminal payments (the amount of discount applied to terminal installment payments, USIM card issuance expenses, installment charges, etc.), -7,425 won for discount (the amount of discount applied to the system, terminal, combination, etc.), value-added tax 2,648 won, and 142,720 won for other charges (the amount of unpaid payment, the amount of advance payment, etc.), and 186,640 won for the overdue payment.”
C. On July 26, 2016, the Defendants remitted KRW 70,000 to the Plaintiff’s financial account as a subsidy for the penalty.
In relation to the instant mobile phone on February 2, 2017, Defendant B acquired pecuniary benefits equivalent to the same amount by imposing a penalty of KRW 117,490, the remaining installment, KRW 118,860, and KRW 319,350,00, in total, KRW 555,350, as Seoul Eastern District Court Decision 2017 High Court Decision 1,000, KRW 144.