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(영문) 울산지방법원 2016.03.17 2015나22588
사용료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 25, 2014, between the Plaintiff and the Defendant, the mobile phone service contract was concluded between the Plaintiff and the Defendant, and the phone number B was opened to the Defendant.

(hereinafter “instant contract”).

B. The instant contract was concluded by entering the name and resident registration number of the applicant in the Internet website operated by the Plaintiff, and subsequently undergoing the Defendant’s authentication procedure through the authorized certificate.

C. The unpaid amount of usage charges until April 2014, which occurred with respect to the above mobile phone is KRW 2,114,360 in total.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to Article 7(2)2 of the former Framework Act on Electronic Commerce (amended by Act No. 11461, Jun. 1, 2012) of the relevant provision, the addressee of an electronic document provides that “the addressee of an electronic document may regard the addressee’s expression of intent contained in the electronic document as the originator’s act in the case where the received electronic document has been transmitted by the addressee or his/her agent, based on his/her relationship with the originator or his/her agent, to be based on the intent of the originator or his/her agent.” Article 11 of the same Act provides that “The matters concerning digital signature among electronic commerce shall be governed by the provisions of the Digital Signature Act.”

On the other hand, Article 3 (2) of the Digital Signature Act provides that "where a certified digital signature exists, the relevant digital signature shall be signed, sealed, or sealed by the Signatory, and its contents shall be presumed not to have been altered after the digital signature is affixed," and Article 18-2 of the same Act provides that "where other Acts restrict or exclude the verification of the principal by using the authorized certificate, the authorized certificate issued by the licensed certification authority in accordance with the provisions of this Act."

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