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(영문) 서울서부지방법원 2020.08.21 2019가단17464
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, at his/her request, sent his/her identification card and credit cards after photographing his/her own identification card and providing loan counseling to the needy party.

B. On September 26, 2019, a sales contract for mobile phone (C) was entered into with the Defendant’s subscription to mobile communications services and for a device (hereinafter “instant contract”) (hereinafter “instant contract”) provided by the Defendant with respect to mobile phone (C) in the Plaintiff’s name, due to the application for subscription via the website of the Buddhist box (hereinafter “instant”).

At the time of the instant contract, the Defendant confirmed that the Defendant was the Plaintiff’s contract by means of the credit card principal identification method (the name, resident registration number, credit card number, and credit card number, and the validity term and password of the said credit card, and then the identity verification method is the same through the said credit card certification).

C. After Llock, the Plaintiff came to know that the Plaintiff entered into the mobile communications service subscription and the mobile device installment sales contract as above in order to verify the Plaintiff’s credit.

From September 30, 2019 to October 1, 2019, the winners paid KRW 1,388,000 for game money through the above mobile phone.

[Ground of recognition] No dispute, Gap evidence Nos. 2 through 4, Eul evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion did not enter into the contract of this case with the defendant or received a mobile phone from the defendant and used it. Since the plaintiff purchased, opened, and used the mobile phone from the defendant by stealing the plaintiff's information, the plaintiff demanded the plaintiff to pay the mobile phone, etc. although the defendant does not bear the obligation to pay the game money and the installment of the mobile phone, the plaintiff's assertion is sought confirmation of the non-existence of the above obligation.

B. According to Article 7(2) of the Framework Act on Electronic Documents and Transactions, the received electronic document is based on the relationship with the originator or his/her agent.

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