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(영문) 수원지방법원성남지원 2017.09.27 2017가단200633
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 9, 2010, with respect to mobile phone number B (hereinafter “the 1 mobile phone”) between the Plaintiff and the Defendant, each of the mobile service subscription and the mobile phone number D (hereinafter “the 2 mobile phone”) was concluded on January 11, 201.

B. As of July 12, 2016, the unpaid telecommunications charges, etc. for the first and second mobile telephones of this case are KRW 282,200 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) concluded a contract to subscribe to the instant 1,2 mobile phone services and a contract to sell a mobile device via the Internet by stealing the Plaintiff’s assertion’s information. As such, the Plaintiff does not bear an obligation of KRW 282,200,00 in total, including unpaid communications charges related to the use of the 1,2 mobile phone in this case. Therefore, the Defendant must cancel the imposition of KRW 282,200 against the Plaintiff and pay KRW 50,000 as consolation money due to the payment demand. 2) The Defendant’s allegation that the Plaintiff’s allegation was 1,2 mobile phone subscription to the instant 1,2 mobile phone services and the sales contract for the mobile 2 mobile 1 and the mobile 2 mobile 2 mobile 2 mobile 2 mobile 2 is concluded normally through the Plaintiff’s name and resident registration number

B. According to the overall purport of the statements and arguments in Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1 through No. 6, ① subscription to and sales contract for mobile phone Nos. 1 and 2 mobile phones of this case was concluded through the Internet website operated by the defendant, and the plaintiff's personal information was entered into at the time of entry of the plaintiff's name, address, resident registration number, credit card number and validity period, and two pages prior to passwords, and the procedure for identification was completed normally, and ② bank in the name of the plaintiff at the time of entry.

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