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(영문) 대전지방법원 2015.08.26 2014가단43882
손해배상(기)
Text

1. The Plaintiff’s subrogation payment liability to Defendant Seoul Guarantee Insurance Co., Ltd., KRW 3,092,780, and Defendant Co., Ltd.

Reasons

1. Basic facts

A. In the Plaintiff’s name, each of the following mobile communications service subscription agreements and mobile device installment sales agreements (hereinafter “each of the contracts of this case”) entered into between Defendant LBPS Co., Ltd. (hereinafter “Defendant LB”) and Defendant EBS Co., Ltd. (hereinafter “Defendant EW”) and the phone number was allocated.

On December 29, 2011, Defendant LAD on December 30, 201, Defendant LAC C 3 on December 29, 201, December 201, 201

B. Each of the instant contracts is written in the bank account (E) in the name of the Plaintiff by automatic transfer of communication fees for each of the aforementioned mobile phones, and a copy of the Plaintiff’s resident registration certificate or driver’s license is attached respectively.

C. Meanwhile, at the time of the conclusion of each of the instant contracts, Defendant EL and Defendant KS concluded an insurance contract with Defendant Seoul Guarantee Insurance Co., Ltd to compensate the Plaintiff for damages arising from nonperformance of obligations under each of the instant contracts within the scope of the insurance coverage amount.

The defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter "the defendant Seoul Guarantee Insurance Co., Ltd.") is above the defendant EL in accordance with the above insurance contract.

On September 17, 2012, KRW 99,90, and KRW 2,792,950,00 were paid with the mobile telephone insurance on September 17, 2012, KRW 927,50 on October 18, 2012, and KRW 3 of the mobile telephone insurance on Defendant SK, as the mobile telephone insurance on November 16, 2012.

【Ground of recognition】 The fact that there has been no dispute, Eul's evidence Nos. 2-1 and 2, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff did not enter into a contract for subscription to mobile communications services and a contract for subscription to mobile communications services on each of the above mobile phones with Defendant El branch or Defendant Sk, and thus, the Plaintiff does not bear the obligation to pay the telecommunications fee to the said Defendants, and the obligation to pay the payment by subrogation to the Defendant Seoul Guarantee Insurance.

Defendant EL and Defendant .

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