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The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. A. Around 2014, the Plaintiff entered into a contract for the use of communications services, including B C services (hereinafter “instant contract”) with the Defendant. The main content is that the user uses text messages services, etc. necessary for his/her business as B Internet phone provided by the Defendant and pays the user fees to the Defendant.
B. According to the instant contract, the Defendant claimed KRW 14,437,430 as the monthly use fee for January 2018 to the Plaintiff. According to the establishment of automatic transfer, the said amount was paid from the Plaintiff to the Defendant.
C. However, the amount equivalent to KRW 11,560,012 out of the rent for January 2018 was the service that was rendered by a third party by viewing the Plaintiff’s specific server by hackinging the Plaintiff’s specific server, thereby holding the Defendant’s text messages sent to the Defendant’s server.
The main contents of the Biz message terms and conditions attached to the instant contract (hereinafter “instant terms and conditions”) are as follows.
Article 1(Purpose) The purpose of this Terms and Conditions is to provide for all the terms and conditions of use for the services transmitting short and multimedia message services ( “Sms”) and the procedures for such services for individuals or legal entities (hereinafter collectively referred to as “users”) that the Defendant (hereinafter referred to as “B”) entered into a contract for the use of the services (hereinafter referred to as “services”) with the Defendant to provide specific information to the customers using mobile communications.
Article 3 (Definitions) (1)
7. Follow-up payment: A service provided under Article 4 (Definition of Services) (2) The cost of which is paid as a result after a customer uses and takes advantage of such result: A service transmitting msms and msmsss between devices with information processing capabilities, such as computers, by utilizing data communication functions of mobile phones and multimedia services;
2. Blitilce: A in line with a specific cap which users provide to their server B.