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(영문) 서울중앙지방법원 2014.12.30 2014나24951
휴대폰요금 및 단말기대금 반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 16, 2012, the Plaintiff reported the former “Support of KRW 300,000 per line at the time SK Telecom opened with ju City 3,000,000,” and entered into each of the instant contracts with the instant agencies on the following two new mobile communications services contracts with the Defendant by posting a phone call to the non-party agency entrusted with the duties of attracting and managing mobile communications subscribers (hereinafter “B” in the column for receipt of the application at the bottom of the new mobile communications service contract below, but this is not known as the said agency’s trade name; hereinafter “instant agency”). On the same day, the Plaintiff entered into a new mobile communications service contract with the Defendant (hereinafter “each of the instant service contracts”) with the instant agency (hereinafter “each of the instant contracts”). In addition to each of the instant service contracts, each of the instant contracts entered into an agreement with each of the instant agencies:

(B) In the following, the term "person" refers to the plaintiff) . [a service contract : mobile phone rate system : 904,200 won for each 64th month unit: 904,200 won for each 64th month unit: The method of paying monthly fee : The automatic transfer account number: The automatic transfer account number: Korea Bank C (hereinafter referred to as the "instant account") and the bank owner's written request: e-mail (D) [a contract on the installment of a device] model: e-mail (3 M40S unit : 904,200 won for each 35th month unit: 94,200 won for a contract period: 24 months (the agreed amount: 50,00 won for a contract amount: hereinafter the same shall apply): customer and seller of a device (the agent holding the ownership of the terminal; hereinafter the same shall apply) shall conclude this contract according to his own will, and confirm that the terms and conditions of sale on the upper side shall be observed.

A seller shall transfer to the defendant a claim for installment payments that a seller has against a buyer pursuant to the above installment sales contract, and the buyer's customer and his/her agent shall transfer such installment payments to the defendant.

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