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(영문) 서울중앙지방법원 2017.03.29 2016나19106
채무부존재확인
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 following facts are not disputed between the parties or may be acknowledged in full view of Gap evidence 1, Eul evidence 4-4 through 11, Eul evidence 1, Eul evidence 2, Eul evidence 3-1, and Eul evidence 3-2, and the whole purport of the pleadings. A.

Around 2012, the Defendant engaged in a guarantee insurance business, etc.: (a) entered into an insurance contract with the new card company that received the claim for the installment payment of mobile phone devices from the mobile phone manufacturer or mobile phone operator (hereinafter “new card”); (b) between the policyholder and the insured; (c) the subscriber to the mobile phone terminal; (d) the subscriber to the mobile phone terminal; and (e) the insurer and the insured as the unpaid installment payment for the details of the insurance accident; and (e) around 2014, with the KS Telecom Co., Ltd. (hereinafter “S Telecom”); and (b) between the policyholder and the insured as the mobile phone user; (e) the obligor (insured); and (e) the commercial credit insurance contract with the unpaid amount of the mobile phone charges of the insurance accident.

B. As of March 17, 2014, ① the Plaintiff entered into the “E” number with the “E” number for the new service contract and the “contract for the installment transaction of a device” for the mobile phone device (registered SM-N900S, serial number F) whose ex-factory price is equivalent to KRW 1,067,00. ② The “new service contract” and the “contract for the installment transaction of a device” for the mobile phone device (registered name SV-E400S, serial number) whose ex-factory price is equivalent to KRW 79,700 with the “C” number and the “contract for the installment transaction of a device” for the mobile phone device (registered name SV-E400, G serial number) with the “E” number respectively. Each of the said new service contract was written with the “H” number possible, “Y” address, “Y-dong-dong I building B1018, and automatic transfer in the Plaintiff’s name for the payment of charges.

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