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(영문) 서울서부지방법원 2018.05.25 2017나37724
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. The parties' assertion

A. On October 10, 2014, the Plaintiff entered into a contract to use the mobile phone number B with the Defendant to use the mobile phone number “B”. On May 21, 2015, the Plaintiff entered into a contract to use the mobile phone number “C” (hereinafter the above contract to use the mobile phone number “each of the instant contracts”) with the Defendant, and the Defendant is obligated to pay the Plaintiff a total of KRW 1,860,040,040, and delay damages therefrom.

In addition, even if the defendant did not conclude each of the contracts of this case, since D's children delegated by the defendant concluded each of the above contracts, the validity of each of the above contracts extends to the defendant.

B. As to the Defendant, the Defendant asserted that the authenticity of each of the instant contracts for use of mobile phones (Evidence A1 and 4) was denied and that the name of the Defendant was stolen, and that there was no fact of entering into each of the instant contracts for use.

In addition, the defendant asserts that there is no means to delegate D the authority to conclude each of the instant service agreements.

2. Determination as to Gap evidence Nos. 3 and 5 through 7, the results of this court’s order to submit financial transaction information to the K Non-National Card Co., Ltd., and the overall purport of the pleadings, namely, the following circumstances, namely, the entry of "E", which is the mobile phone number used by the defendant, on the contact point of the application for opening a mobile phone (Evidence No. A) from October 10, 2014, and the defendant paid KRW 165,530, and KRW 229,760, around December 16, 2014, respectively, with the national card (credit number: F) which is the credit card holder of the defendant himself/herself, around November 14, 2014, and the defendant received the use fee from the defendant’s domicile, “G G apartment at G, 207dong 204, which is the defendant’s domicile, from the date on which June 11, 2016.

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