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(영문) 부산지방법원 2016.02.05 2014나9080
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 2012, two mobile communications services and two mobile devices sales contracts (hereinafter “each of the instant contracts”) were concluded between the Defendant and the Defendant through “11-C” in the name of the Plaintiff, and each of the telephone numbers (B and C) was allocated.

B. Each of the contracts of this case was submitted to the Defendant through the Internet shopping mall site by an electronic document applying for subscription under the Plaintiff’s name (hereinafter “online subscription application”), and its specific procedure consists of ① the Plaintiff’s name and resident registration number, ② the real name certification process, ② the account information, e-mail address, and terminal delivery place, ③ the process of entering personal information, such as the Plaintiff’s name and resident registration number, ③ the process of obtaining the Plaintiff’s certification. The Defendant confirmed that it was a contract by the Plaintiff himself through the “credit card identity certification method (the method of entering the Plaintiff’s name, resident registration number, credit card number, term of validity of the said credit card, and password, respectively).”

In addition, at the time of each contract of this case, a copy of the Plaintiff’s true driver’s license (it is issued on July 2, 2003) was attached along with the online application form.

C. Regarding the two mobile devices, the sum of the telecommunications service charges, such as small-sum settlement, and the cost of terminal installation was in arrears 4.44 million won.

On the other hand, the Defendant concluded a credit guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. by designating the insured as the cost for installment of a device against the Defendant pursuant to the contract for installment of a device for guarantee contents, and the Defendant received payment from Seoul Guarantee Insurance Co., Ltd. (=92,790 won x 2) on June 18, 2013 as the occurrence of an insured event for which the cost for installment of a device is overdue.

E. The Plaintiff’s guarantee insurance on June 21, 2013.

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