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(영문) 수원지방법원 평택지원 2021.02.16 2020가단4244
채무부존재확인
Text

On April 28, 2014, the Plaintiff’s contracts for the use of each mobile communications service to the Defendant, and the Internet and IPTV on May 23, 2014.

Reasons

1. Basic facts

A. On April 28, 2014, the Plaintiff entered into two contracts to use mobile communications services with the Defendant. From June 2014 to April 2017, the Plaintiff unpaid the mobile communications service charges of KRW 2,36,860 (= KRW 1,278,020) as stated in the attached Table Nos. 1 and 2, as well as the attached Table Nos. 1 and 2 from around June 2014 to April 2017.

B. On May 23, 2014, the Plaintiff entered into a contract for the use of the Internet and IPTV services with the Defendant. From June 2014 to October 2016, the Plaintiff unpaid the fees for the use of the Internet and IPTV services totaling KRW 613,380, as described in attached Table No. 3, as stated in the attached Table No. 3 from around June 2014 to October 2016.

(c)

On January 20, 2020, July 10, 2020, and July 30, 2020, the Defendant sent to the Plaintiff a written notification demanding that the Plaintiff pay a total of KRW 2,980,240 for each of the above mobile communications services and the service charges of the Internet and IPTV services, and the Plaintiff received each of the above written notification.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4 (including each number if there are several numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. On the basis of the determination of the cause of the claim, each of the above mobile communications services and the Internet and IPTV service charges against the Plaintiff by the Defendant are applied to the 3-year statute of limitations in accordance with Article 163 subparag. 6 of the Civil Code as consideration for the goods sold by the Defendant, a merchant.

In addition, according to the above evidence and the purport of the whole legal theory, the final due date for the payment of the user fee for the mobile communications service specified in paragraph (1) of the attached Table, is recognized as the due date for the payment of the user fee for the mobile communications service specified in paragraph (2) of the attached Table, March 31, 2017, and the due date for the payment of the user fee for the Internet and IPTV service specified in paragraph (3) of the same list, and the fact that three years have elapsed since the above last due date is clear.

Therefore, the Defendant’s claim for each of the above usage fees against the Plaintiff was extinguished by prescription, barring any special circumstance.

The defendant is entitled to do so and the defendant is entitled to do so.

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