1. It is confirmed that a mobile phone service subscription agreement entered into between the Plaintiff and the Defendant on January 13, 2017 is null and void.

2...

1. Basic facts

A. The Plaintiff is a disabled person of Grade II with a mental disorder.

I Q remains at the level of young children aged 5-6 with intellectual ability and judgment ability of 38 years.

As a result, the hospital was hospitalized for more than three years, and the decision to commence adult guardianship was finalized on August 22, 2017.

B. On January 13, 2017, the Plaintiff entered into a mobile phone service subscription agreement with the Defendant (hereinafter “instant mobile phone service subscription agreement”) and entered into a mobile phone service subscription agreement with F on January 15, 2017.

C. E entered into each subscription contract and deposited the mobile phone received into its own account. For this reason, E was subject to a disposition of penalty of KRW 1 million due to the suspicion of embezzlement from the office of origin in the Suwon District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Determination ability means mental ability or intelligence that can reasonably determine its meaning or result on the basis of normal perception and towing. In particular, in a case where a certain juristic act is given with a special legal meaning or effect that makes it difficult to understand only the ordinary meaning in a case where it is given, it is necessary to understand not only the ordinary meaning of the act but also the legal meaning or effect in order to recognize its mental capacity. The existence of a mental capacity should be individually determined in relation to a specific juristic act.

(see, e.g., Supreme Court Decision 2001Da10113, Oct. 11, 2002; Supreme Court Decision 2006Da29358, Sept. 22, 2006). The following circumstances acknowledged by the above facts, namely, the Plaintiff’s I Q, who was 38 years of age and 5-6, remains at the infant level of 5-6 years of age, and could not understand the meaning and contents of the Plaintiff’s obligations under the contract.