(영문) 서울중앙지방법원 2019.09.25 2018나82085

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(영문) 서울중앙지방법원 2019.09.25 2018나82085

핸드폰요금 등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On August 23, 2018, the Plaintiff entered into a sales contract with the Defendant, stating that if the Plaintiff opened a mobile phone under the Plaintiff’s name and then delivered it to the Defendant, the Defendant shall pay KRW 500,000 per mobile phone in return for the purchase price.

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Plaintiff opened two mobile phones (C, D) on August 23, 2018 and two mobile phones (E, F) on August 24, 2018, respectively, and transferred the aforementioned four mobile phones (hereinafter collectively referred to as the “instant mobile phone”) to the Defendant, and received KRW 2,500,000 as the price.

C. At the time of the instant sales contract, the Plaintiff and the Defendant agreed to pay small amount using the instant mobile phone, and that the payment of small amount was to be made by the Defendant to the Plaintiff (hereinafter “instant agreement”), and the Plaintiff opened four core chips necessary for small amount settlement in the name of the Plaintiff and delivered them to the Defendant.

From August 28, 2018 to August 29, 2018, the Defendant indicated the Defendant’s small payment amount of KRW 2,809,210 as KRW 2,509,210 as the instant mobile phone from August 29, 2018, as KRW 2,509,210. However, according to each of the evidence Nos. 2, 4, 6, and 8 (including the serial number), the Defendant’s small payment amount of KRW 2,809,210 is recognized.

A small-sum settlement was made, and the above small-sum settlement amount and charges for the use of the mobile phone of this case were claimed to the Plaintiff.

E. The Defendant paid KRW 1,200,000 to the Plaintiff on August 24, 2018, and KRW 400,000 to the Plaintiff on August 28, 2018 in accordance with the instant agreement, as the price for small payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 5 through 7 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion concerning the cause of the claim is that of the Defendant.

유사 판례

-청주지방법원 2014.05.29 2014고단199

-서울중앙지방법원 2019.08.22 2019고단2330

-제주지방법원 2019.01.16 2018고단2230

-부산지방법원 2020.01.10 2019고단107 (5)

-부산지방법원 2014.09.05 2014고단5110