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(영문) 창원지방법원 2015.06.04 2014나33165

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. Facts of recognition;

A. On September 28, 2007, the Defendant, holding a national telecommunications network, concluded a service use contract with the Plaintiff providing telecommunications services to users, and changed the C number on November 29, 2010.

On February 12, 2013, the Defendant changed the equipment for the above number, and thereafter, on March 11, 2013, filed an application for termination of the service contract on March 12, 2013.

B. On February 12, 2013, the Defendant entered into a new service contract with the Plaintiff and D numbers on the online as the date of issuance of identification cards and resident registration, and entered into a new service contract with the Plaintiff. On March 11, 2013, the Defendant applied for the termination of the above service contract and terminated on March 12, 2013.

(hereinafter referred to as “each of the instant mobile phones,” including the above C Number and D Number mobile phones, and in turn, “1 and 2 mobile phones,” and the instant contract for the use of telecommunications services with respect to the said mobile phones (hereinafter “each of the instant contracts”).

The defendant's unpaid charges for the first cell phone are 345,430 won, among which the small amount settlement charges for February 2013 are 40,000 won.

The defendant's unpaid charges on the second mobile phone are KRW 742,180, among them, the small amount settlement charges for February 2013 are KRW 292,664, and the small amount settlement charges for March 2013 are KRW 29,780.

E. Meanwhile, on March 2013, 2013, the Defendant reported to the Gyeongnam-dong Police Station on the following: “The Defendant, by deceiving the Defendant that 30 males in the name of the Defendant would make loans on the condition that they open a mobile phone, and let the Defendant take over the above mobile phone by deceiving the two mobile phones, and made the Defendant take advantage of the Defendant’s identification card, etc., and made the Defendant take part in the wired telephone machine, TBB, the Internet, etc. to pay the service fee by subrogation.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 6-1, 2, Gap evidence 7-1, 2, Eul evidence 7-2, 2, 6, 7, 10, 14, and the purport of the whole pleadings.