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(영문) 대구지방법원 2014.06.19 2013나18675
손해배상(기)
Text

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. Basic facts

A. On February 22, 201 and February 26, 2011, in the name of the Plaintiff, a mobile telephone service contract and a mobile phone sales contract between the Defendant and the Plaintiff (hereinafter “instant contract”) were concluded and each telephone number (B, C, and D) was allocated.

B. The national bank account (F) in the name of the Plaintiff is indicated in each of the instant contracts on the account of the Plaintiff’s automatic transfer of mobile phone numbers B and D’s automatic transfer of telecommunication fees, by the automatic transfer of telephone numbers and mobile phone numbers C.

C. At the time of the conclusion of each of the instant contracts, the power of delegation in the name of the Plaintiff was submitted to G to the Defendant, that delegated all acts, such as the preparation of documents necessary for the registration and opening of the mobile phone (three copies) to G.

On March 21, 201, 11, 106, 106, 950 H (ST) on April 21, 201, 201; 30,670 5 May 26, 201, 201, May 23, 2011; 3,990 6,670 5 June 21, 2011; 870 7, 207, 307, 302,860 C (ST) on June 21, 201, 860 C (ST) on the aggregate of 12,043 4,043 26, 2011, 208, 207, 27, 2018, 25, 2068, 207

D. From March 21, 2011 to September 27, 2011, KRW 827,705,00 was automatically transferred from the National Bank Account (F) in the name of the Plaintiff to the Defendant.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 2, 3-1 to 3, 4, 5-1, 2, 6, 7 evidence 1 to 7, Eul evidence 1, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff did not conclude each of the instant contracts with the Defendant, or used the mobile phone. However, at the end of February 2011, the Plaintiff had a copy of the identification card, a copy of the passbook, a certificate of personal seal impression, and a seal stamp. However, in the process of arranging the passbook around June 201, the Plaintiff confirmed that the instant communications fee was automatically transferred from the national bank account in the name of the Plaintiff and confirmed that the Defendant had been automatically transferred from the national bank account in the name of the Plaintiff.

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