(영문) 서울중앙지방법원 2016.01.08 2015나44211

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(영문) 서울중앙지방법원 2016.01.08 2015나44211

사용료

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that the Defendant entered into a contract to use the wire communications service with the Plaintiff on January 17, 2012, and that the Plaintiff paid a total of KRW 1,770,535 by using the wire communications service from around that time to March 2013.

On the other hand, the defendant asserts to the effect that he does not bear the obligation to pay to the plaintiff, since he merely entered into a contract to use the plaintiff's wire communications service by stealing the defendant's personal information.

2. Determination

A. As to whether a contract to use wire communications services was concluded between the plaintiff and the defendant, Gap evidence No. 1 cannot be used as evidence because there is no evidence to prove the authenticity thereof, and there is no other evidence to prove it. Thus, this part of the plaintiff's assertion is without merit.

B. The Plaintiff asserts that, even if following the Defendant’s assertion again, the Defendant provided personal information to B and allowed B to use the Plaintiff’s service in the name of the Defendant, thereby incurring damages equivalent to the Plaintiff’s usage fees. However, even if the Plaintiff intended to seek damages for tort, it is insufficient to recognize that the entries and voice of evidence Nos. 2 and 5 are sufficient to recognize that the Defendant provided personal information to B or allowed the use of the name for the purpose of receiving the resignation provided when the Defendant subscribed to the Plaintiff’s service contract, and there is no other evidence, and therefore, the Plaintiff’s assertion

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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