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(영문) 서울중앙지방법원 2015.11.11 2014나5004
사용료
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 3,856,570 as well as its full payment from August 15, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is a key telecommunications business operator who provides telecommunications services, and mainly provides telecommunications services to clients.

B. On February 16, 2012, through the Internet shopping mall “11A”, the Plaintiff received an offer to sell or purchase a mobile phone in the name of the Defendant and accept a new subscription to the mobile phone, and on the same day, the “E” described in the Plaintiff’s complaint, preparatory document, etc. in the name of the Defendant appears to be a clerical error.

(See Evidence A 1) The application of this case is referred to as "the application of this case" in total, including a new contract for mobile phone subscription, a contract for installment contract, and a contract for installment contract on the online application with the mobile phone terminal (SHW-M250SW, the unit principal 650,000 won) after opening each line of the line (hereinafter referred to as "the line of this case").

(C) The above online mobile phone subscription procedure, made in the name of the Defendant, entered the name and resident registration number of the applicant in the name of the Defendant, confirmed whether the applicant is consistent with the credit rating agency, entered the instant application in the name of the Defendant, entered the Agricultural Cooperative Account Number in the name of the Defendant, followed the validity inspection through the Financial Settlement Board, and followed the Defendant’s certification procedure through the authorized certificate.

2) At the time of application for membership, the address and the place of delivery (referring to the address to be delivered with a mobile phone terminal, and the Defendant is indicated as the recipient.

(C) The application of this case, which is an electronic document, was issued by the Korea Information Certification Co., Ltd., a licensed certification authority, on February 16, 2012, is an authorized digital signature under the name of the defendant, issued by the Korea Information Certification Co., Ltd., the licensed certification authority, and the mobile phone number (Contact points) recorded in the delivery address, was indicated as “D” as indicated in the Defendant’s Answer on August 23, 2013.

The period of use of the instant line from February 17, 2012 to August 3, 2012.

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