1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 25, 2016, via the Defendant’s online website, a written application for joining “to purchase one mobile phone and subscribe to the Defendant’s mobile communications service” in the Plaintiff’s name (hereinafter “instant application for subscription”) was prepared and submitted.

B. Upon the Defendant’s acceptance of the above subscription, the installment sales contract and the mobile communications service contract (hereinafter “each of the contracts of this case”) were respectively concluded by setting forth KRW 491,00 per unit (B), KRW 24 months in installment, and KRW 345,00 in subsidies.

B. Each of the instant contracts was terminated before the expiration of the installment period, and the remaining installment payments at the time of termination are KRW 82,00, the refund of the public notice subsidy is KRW 345,000 (hereinafter collectively referred to as “the remainder installment payments and the refund of the public notice subsidy”), and the unpaid usage fees are KRW 327,550.

[Ground of recognition] Facts without dispute, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion (1) concluded each of the instant contracts by stealing the Plaintiff’s name, and thus, there is no obligation for the Plaintiff to pay for the Defendant and the unpaid user fees under each of the instant contracts.

(2) The Defendant, at the time of entering into each of the instant contracts, received the Plaintiff’s personal information and completed the procedure for identification by credit card certification, there was justifiable grounds to believe that the instant application, which is an electronic document, was based on the Plaintiff’s intent.

Therefore, each of the instant contracts is effective against the Plaintiff pursuant to Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”).

B. Article 7(2)2 of the Electronic Document Act provides that the addressee of the electronic document is based on the will of the originator or his/her agent, according to the relations with the originator or his/her agent.