logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.29 2013가단38419
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 23, 2012, the Plaintiff’s name entered into a contract for the sale of a mobile phone terminal and for the use of a service contract (hereinafter “instant contract”) with Defendant KK Co., Ltd. (hereinafter “K”) and the phone number B was allocated.

B. In addition, on February 23, 2012, on the Plaintiff’s name, two telephone numbers (C and D) were concluded between Defendant ELPer’s mobile phone terminal sales and service contract (hereinafter “instant contract”) and Defendant ELPer’s mobile phone terminal sales and service contract (hereinafter “instant secondary contract”) and the same seal attached to the Plaintiff.

(hereinafter referred to as “each of the instant contracts” in combination with the above contracts.

Each of the instant contracts was made through the Internet website. In such a case, the Defendants need to go through the procedures for identification by either “a digital signature method based on an official certification form” or “a credit card principal certification method (including the entry of the name, resident registration number, credit card number, validity period of the said credit card, and password)” in their names.

Each contract of this case was made by means of credit card identity certification, and all of the Plaintiff’s credit card information was normally entered.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including additional numbers), Eul evidence 1 to 4, Eul evidence 1 to 4, Eul's whole purport of pleading

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion did not have entered into each of the contracts of this case with the Defendants, and there was a loss of a guard, which was found again after February 2012, she was found to have been missing. Since she purchased a device from the Defendants by stealing his/her name and used it, the Plaintiff does not bear the mobile telephone fee and the obligation to pay the device installments under each of the contracts of this case.

arrow