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(영문) 서울중앙지방법원 2018.01.12 2017가단5110307
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 20, 2015, the Defendant’s online subscription system prepared an online application form for the trading of devices and mobile phone services in the Plaintiff’s name, and the Defendant’s consent thereto entered into a mobile phone B mobile phone subscription contract and mobile phone service contract (hereinafter “instant contract”).

B. The Plaintiff’s name and resident registration number entered at the time of entering into the instant contract were real name certification by a credit assessment agency.

In addition, the plaintiff's national card was designated by the automatic transfer method of the communication fee and the plaintiff's identification was made by the credit card certification method. The plaintiff's name, resident registration number, card number, effective period, and password entered in the online subscription application at the time (the credit card can no longer be used in case of three errors) are confirmed to be consistent with the credit card information.

C. Meanwhile, the Defendant provides the theft prevention service (M-safer) supervised by the Korea Association for Information and Communications Technology Promotion, which is the service of sending text messages to another mobile phone line of the subscriber when there is a new communication line for subscription.

The plaintiff filed a petition that he/she purchased a mobile phone terminal by stealing his/her name in his/her own name and opened the phone. However, the prosecution was suspended on June 10, 2016 due to the unknown whereabouts of the witness.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The instant contract is null and void, since the Plaintiff’s non-existence of the Plaintiff’s assertion’s personal information was stolen and entered into the instant contract with the Defendant.

Therefore, the Plaintiff does not bear the obligation to the Defendant, such as the terminal price under the instant contract.

(b) judgment;

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