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(영문) 대전지방법원 2016.06.30 2015가단212685
구상금
Text

1. The plaintiff's claim is dismissed.

2. The supplementary intervenor shall bear the costs of the lawsuit.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (the Plaintiff’s assertion, including the Plaintiff’s assertion, is deemed to be the Plaintiff’s assertion) concluded a mobile communications service subscription and a mobile device installment sales contract with the Plaintiff’s Intervenor, ELS Co., Ltd. and attached Table 1.

The above EL Plus entered into a credit insurance contract with the Plaintiff, such as attached Table 2, in order to secure the damages that will be incurred due to the Defendant's installment of terminal devices and the unpaid payment of telecommunications rates.

Since then, the defendant was unable to pay the installment of the device and the communication fee, and the plaintiff paid the insurance money to the EL Plus upon the insurance claim of the above EL Plus as shown in attached Table 3.

Accordingly, the plaintiff claims compensation for the amount of money subrogated by the plaintiff as shown in attached Table 4 to the defendant.

B. The Defendant’s assertion did not have concluded a sales contract with the Plaintiff’s Intervenor ELS and the mobile phone sales contract.

2. Each of the statements in Gap evidence Nos. 1 through 19, 25, and 26 is insufficient to recognize that the defendant directly concluded a contract with the plaintiff's assistant intervenor for the purchase of mobile communications services and the mobile device installment sales contract, and there is no other evidence to prove otherwise.

The plaintiff's assertion on this part is without merit.

The Plaintiff asserts that the Defendant granted the right of representation on the subscription to the above mobile communications service and the conclusion of the contract for the installment of a mobile device to the Plaintiff’s representative B or KPF (the Plaintiff’s assistant participant, the Plaintiff’s agent, the Plaintiff’s assistant participant, the Plaintiff’s agent, the Plaintiff’s assistant agent, granted the right of representation on the subscription to the above mobile communications service and the conclusion of the above contract.

However, the fact that the above B received the Defendant’s certificate of personal seal impression, the Defendant’s business registration certificate, and the Defendant’s representative director’s resident registration certificate by facsimile as to the conclusion of the above contract.

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