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(영문) 서울중앙지방법원 2015.11.10 2014가단181235
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 25, 2012, via the Defendant’s online site, the Defendant’s mobile phone number B (hereinafter “instant mobile phone”) entered into a contract to subscribe to mobile communications services and to sell mobile devices (hereinafter “instant contract”).

B. The telecommunications fee on the instant mobile phone that was not paid as of July 4, 2014 is KRW 1,641,270.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) received a proposal to the effect that he/she would pay money if he/she consented to the purchase of the Plaintiff’s mobile phone in his/her name, and provided the Plaintiff’s personal information and financial information to the needy person, and concluded a contract for the temporary suspension of use of the instant mobile phone under the Plaintiff’s name on July 3, 2012 with the knowledge that it would be late after the Plaintiff’s subscription to the instant mobile phone and the contract for the temporary suspension of use of the instant mobile phone. The Plaintiff caused KRW 1,641,270 regarding the instant mobile phone by again cancelling the suspension and using the instant mobile phone through opening the instant mobile phone. Accordingly, the Plaintiff asserted that the Defendant did not bear the communication fee related to the use of the instant mobile phone. (2) The Defendant claimed that the Plaintiff should bear the communication fee related to the instant mobile phone that occurred after the temporary suspension of use of the instant mobile phone.

B. The judgment of the plaintiff itself also recognizes that the conclusion of the contract of this case itself was done by his own will, so the issue of this case is the suspension of the use of the mobile phone of this case.

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