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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. (1) On October 6, 201, the Defendant concluded a mobile phone use contract (number transfer) with C on the instant number under the name of the Defendant with regard to the instant number.
(2) On November 10, 2015, the Plaintiff: (a) purchased a new mobile phone in the name of the Defendant; (b) concluded a contract to use the mobile phone in the name of the Defendant; and (c) delivered the mobile phone to the Plaintiff; and (d) agreed that the Plaintiff bears the burden of the Plaintiff for the payment of the cost for installation of the mobile phone and the cost for use of the mobile phone (hereinafter “the instant communications fee”); (c) accordingly, the Defendant purchased the mobile phone on November 10, 2015, concluded a contract to use the mobile phone in the name of the Defendant with C and transferred the mobile phone to the Plaintiff after concluding the contract to use the mobile phone in the name of the Defendant.
(C) On November 10, 2016, when the Plaintiff used the instant mobile phone number and paid the instant telecommunications fee to C, the Plaintiff began to delay the instant mobile phone around 2016, and on November 10, 2016, the Defendant cannot pay the instant telecommunications fee any longer due to the lack of the economic circumstances. Accordingly, the Plaintiff sent a text message stating the instant mobile phone suspended and changed.
(4) On February 8, 2017, the Defendant filed a theft report on the instant mobile phone, and C terminated ex officio the mobile phone license agreement on the instant number on October 26, 2017 on the grounds of the unpaid payment of the telecommunications fee, and accordingly, returned the instant number to C.
B. On November 24, 2017, the Defendant entered into a contract to use mobile phone numbers E (hereinafter “instant contract”) with C, and changed the above mobile phone numbers to the instant number on November 27, 2017.
C. The Plaintiff’s side of the criminal complaint against the Defendant by the Plaintiff is the Defendant around 2017.