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(영문) 울산지방법원 2020.05.07 2019나12718
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The summary of the plaintiff's assertion is that the defendant opened and used a mobile phone in the name of the plaintiff, and since the sum of the unpaid charges is KRW 1,952,990, the defendant is liable to pay the plaintiff the unpaid charges of KRW 1,952,990 as unjust enrichment or damages for losses and delay damages.

2. The fact that the Defendant, who operated a mobile phone agency, opened a mobile phone in the name of the Plaintiff on April 24, 2012, and the fact that the total sum of the mobile phone unpaid charges from March 2013 to December 2013 is the cause of 1,952,90 is no dispute between the parties.

However, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant used the above mobile phone, and there is no other evidence to recognize it.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence No. 2, No. 7, No. 5, and No. 2, No. 7, and No. 4, and No. 5, the Plaintiff’s assertion is without merit, on the ground that the full amount of the usage fee from April 24, 2012, which was opened through the aforementioned mobile phone to February 2013, and the partial usage fee from March 2013 to December 2013 was approved by automatic transfer from the Plaintiff’s credit card.

3. Thus, the plaintiff's claim for unpaid charges should be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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