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(영문) 서울중앙지방법원 2016.08.26 2016가합518678
전화번호 명의자 변경등록 말소 청구 등
Text

1. The Defendants change the name of the subscriber to the telephone number stated in the separate sheet to the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence 2, Gap evidence 7, Gap evidence 10, 11, and Gap evidence 14-1 to 4:

1) On May 7, 2007, the Plaintiff is a juristic person established for the purpose of funeral holding business on May 7, 2007, funeral goods manufacturing and selling business. 2) C is a person selected and appointed as an internal director on April 24, 2015, and registered as an internal director on the Plaintiff’s corporate register around the 27th day of the same month.

B. The opening of the instant telephone number and the registration of change in the name thereof 1) The Plaintiff’s telephone number indicated in the separate sheet (hereinafter “instant telephone number”) between ELS and ELS.

(2) On May 11, 2015, the Plaintiff entered into a contract with Defendant KSD Co., Ltd. (hereinafter “Defendant KS”) with the same number as the instant telephone number.

3) On June 29, 2015, the Plaintiff’s in-house director C and Defendant B applied for the change of the name of the instant phone number to Defendant B. Upon the said application, Defendant SC changed the name of the instant phone number to Defendant B. 4) The relevant provisions of the basic terms and conditions for the use of telecommunications services and the Internet telephone service terms and conditions of Defendant SC (hereinafter “instant terms and conditions”) are as follows.

[Basic Terms and Conditions for the Use of Telecommunications Services] / [Application] 1 This Terms and Conditions apply together with the Terms and Conditions for the Use of Various Telecommunications Services provided by the Company (hereinafter “Terms and Conditions for Services”).

Article 17 (Transfer of Rights to Use) The rights to use shall not be transferred or donated and shall not be used for the purpose of pledge unless otherwise specifically provided for in the terms and conditions of the company.

Article 18 (Succession to Right of Use) (1) Inheritance, merger, division, and consolidation.

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