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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In full view of the reasoning of the first instance court’s fact-finding on the ground of claim Gap’s evidence Nos. 1 through 3 and Eul’s evidence Nos. 5 through 8 (including paper numbers), and the entire purport of the pleadings as a result of the fact-finding of the first instance court’s SK Telecom, the Plaintiff is recognized to have been operating the SK Telecom’s agent. On November 12, 2015, the Plaintiff received a compensation base (referring to replacing only a mobile phone device while using a mobile phone number and radio operator as it is) to replace Aphone 6s (64G) in the name of the Defendant who is the user of the SK Telecom online subscription site (hereinafter “instant device”). On November 14, 2015, it is recognized that the Plaintiff completed the delivery of Aphone 6s mobile phone (hereinafter “instant device”).
According to the above facts, the Plaintiff’s application for the change of compensation under the name of the Defendant was received, and the instant compensation contract was concluded between the Plaintiff and the Defendant. As long as the Plaintiff completed the delivery of the instant device to the delivery place designated by the Defendant under the above contract and performed the obligation to provide the device, the Defendant also has the obligation to pay the above amount of the device under the above contract.
Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 1,084,100 won of the above terminal price and damages for delay calculated at the rate of 15% per annum from May 6, 2016 to the day of full payment, as requested by the plaintiff, from May 6, 2016 to the day of full payment of the copy of the complaint in this case.
2. The defendant's assertion argues that he/she requested Eul to purchase a mobile phone device, but was guilty, and that he/she did not have entered into a direct contract with the plaintiff, and that he/she did not receive the instant device, so the plaintiff cannot respond to the plaintiff's claim.
However, evidence and evidence mentioned above are set forth in articles 1 to 1.