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(영문) 서울서부지방법원 2018.07.06 2018가단1905
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. (1) On August 2, 2016, the Plaintiff agreed to purchase mobile phones to be used by his birth, and entered into a mobile phone terminal operation and service contract with the Defendant via C, a store employee, through which the Defendant entered B points of the Defendant Company, and accordingly, the mobile phone number was opened via a mobile phone terminal with D (hereinafter “first mobile phone”).

(2) At the time, the Plaintiff agreed to return the said money if the Plaintiff received KRW 9,00 from the terminal subsidy of KRW 99,00 and did not use the first mobile phone for not less than 18 months. The Plaintiff agreed to receive the telecommunications fee of KRW 48,400 per month for three months, and C fulfilled this.

3) The Plaintiff’s birth, from August 2, 2016, used the first mobile phone from around 2, 2016, terminated the said contract before 18 months elapsed. As of March 7, 2018, the unpaid telecommunications rates, etc. for the first mobile phone as of March 7, 2018 are KRW 331,630 in total (=9,080 (=232,550 in total) the unpaid telecommunications rates, etc. for the first mobile phone (=9,000 in arrears and KRW 80 in advance of the refund amount for public disclosure support). (B) The Plaintiff decided to purchase the mobile phone to be used by the Plaintiff, and entered into a contract for the use of the mobile phone from the Defendant and the mobile phone again after visiting the said direct point on August 31, 2016, and accordingly, the phone number was opened via the mobile phone “E”).

(2) At the time of the closing of argument in the instant case, the Plaintiff changed the telecommunications company to the Defendant company from the case that was previously used by the telecommunications company, and agreed to refund the said amount in the event that the secondary mobile phone was not used for a certain period, but the said contract was terminated before the said period expires. (3) At the time of the closing of argument in the instant case, the unpaid telecommunications rates of the secondary mobile phone are KRW 358,270 in total (i.e., the unpaid telecommunications rates of KRW 158,000,000 in the amount of unpaid telecommunications rates of KRW 20,270).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. The plaintiff.

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