The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On June 10, 2014, via the Internet website opened by the Plaintiff, an application for joining the mobile telephone service provided by the Plaintiff in the name of the Defendant (hereinafter “instant application”) was concluded on June 10, 2014, and a mobile telephone service contract (hereinafter “instant contract”) was concluded with the effect that “the Defendant uses the telecommunications service with B number allocated by the Plaintiff, but pays the Plaintiff the mobile telephone service fee to the Plaintiff” (hereinafter “instant contract”).

B. Upon entering into the instant contract, the Plaintiff confirmed that the instant contract was one’s own contract via the credit card certification method, namely, the credit card certification method using the Defendant’s credit card (the name, resident registration number, credit card number, and the validity period and password of the said credit card, and then the credit information agency’s consent thereto, etc.).

C. As above, the fee for mobile phones opened in the name of the Defendant is the total of KRW 4,980,330 at present.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-6, the purport of the whole pleadings

2. The parties' assertion

A. Upon receipt of the instant application through the Plaintiff’s website, the Plaintiff confirmed the Defendant himself/herself by means of credit card certification.

Therefore, since the contract of this case was normally concluded, the defendant is obligated to pay the plaintiff the mobile telephone fee under the above contract.

B. The Defendant did not file the instant application with the Plaintiff, and the name of the Defendant was stolen by a third party.

Therefore, the instant contract concluded upon the instant application has no effect against the Defendant, and thus, the Defendant is not liable to pay the usage fee under the said contract.

3. Determination

(a) Article 7(2)2 of the Framework Act on Electronic Documents and Transactions is related to an electronic document received with the originator or his/her agent;