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(영문) 서울중앙지방법원 2017.05.18 2017나3634
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

The first instance court.

Reasons

1. On January 28, 2015, the Plaintiff asserted that he/she purchased a wab Blue Device (S) at the Defendant’s agency, and entered into a contract for the use of mobile communications services with the Defendant. From May 2015, 2015, the impossibility of using telephone and data appeared, and even after visiting Samsung Electronic Service Center, the above symptoms continued.

As such, the Plaintiff suffered damages due to the continued failure of the Defendant to perform its duty under the above contract, and the Defendant is obliged to compensate the Plaintiff for the total sum of 2,00,000 won of consolation money and property damages due to the nonperformance of obligation.

2. The facts of concluding a contract to use mobile communications services (hereinafter “instant contract”) with the Plaintiff on January 28, 2015, as a corporation that provides the Defendant’s business of providing wire and wireless communications services to customers, are not disputed between the parties. Meanwhile, as to whether the Defendant did not properly perform the obligation to provide mobile communications services, etc. as stipulated in the instant contract, and accordingly whether there was a continuous occurrence of interference with the above communications, each of the items of health class, Gap’s 1 through 6 (including the number of numbers), and there is no other evidence to acknowledge it.

In addition, the Plaintiff alleged that the defect of the core chip was caused by the defect of the core chip installed in the above device at the Defendant’s agency, but the defect of the core chip is also the Defendant’s responsibility. However, the evidence submitted by the Plaintiff, including the statement in the evidence No. 3-2, including the above mentioned in the evidence, caused the defect in the core chip and caused a telecommunication obstacle.

In addition, it is not sufficient to recognize that the defendant is responsible for the defect of the above core chips, and it is otherwise recognized.

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