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1. The Plaintiff’s charge liability related to the mobile phone No. C against the Defendant may exceed KRW 1,838,39.
Reasons
1. Basic facts
A. On August 10, 201, the Plaintiff entered into a service agreement with the Defendant on the use of the instant mobile phone (hereinafter “instant mobile phone”). Thereafter, on December 1, 2012, the Plaintiff lost the instant mobile phone and applied for suspension of use due to the cell phone loss to the Defendant.
B. However, on December 30, 2012, the application for the cancellation of the suspension of use of the instant mobile phone (hereinafter “application for the cancellation of this case”) was filed, and thereafter, the application for the suspension of use of the instant mobile phone and the application for the cancellation thereof were filed repeatedly on several occasions.
C. The unpaid amount of entrance fees, credit card fees, and short-term subscription fees for the instant mobile phone reaches KRW 883,046, and the unpaid amount of usage fees incurred with respect to the instant mobile phone prior to the application for cancellation of the instant case reaches KRW 955,353, and the unpaid amount, including the current unpaid amount, reaches KRW 3,045,520.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 5, 9 (including provisional number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion lost the instant mobile phone and suspended its use on December 1, 2012 due to the loss of the mobile phone, and thereafter the suspension was cancelled and thus the Plaintiff imposed an excessive burden on the Plaintiff. As such, the Plaintiff cannot bear a charge liability related to the instant mobile phone.
B. (1) Determination (1) In light of the following: (a) the subscription fee for the instant mobile phone; (b) the registration fee for the instant mobile phone; and (c) the payment for the short term period, regardless of whether to use the mobile phone as long as he/she purchased the mobile phone and purchased the mobile phone; and (d) there is no provision that the terms and conditions of the instant service contract for the instant mobile phone are exempt from liability when he/she loses the mobile phone (see, e.g., evidence 6 and 7). In light of the subscription fee for the instant mobile phone; (b) the registration fee for the digital card; (c) the unpaid amount of