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(영문) 수원지방법원 2017.11.15 2015가단26128
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 7,00,000 as well as its annual interest from June 29, 2014 to November 15, 2017.

Reasons

1. Facts of recognition;

A. On the “E election,” which was set up on the D date, the Plaintiff registered as a candidate for the member of the National Assembly in Suwon-si (G local constituency) and registered as a candidate for Hparty. From April 1, 2014, the Plaintiff was engaged in an official election campaign by cutting off the election office from the election office to the election office.

B. The Plaintiff entered into a mobile phone service contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”), which is a mobile phone telecommunications business operator, and opened and used two auxiliary lines, including I and J. According to the above contract, the Plaintiff is prohibited from sending more than 500 messages per day per mobile phone. However, upon the Plaintiff’s separate application (hereinafter “application for the cancellation of the restriction on sending text messages”), at least 500 messages per day can be sent to the Defendant Company. As above, the Plaintiff applied for the cancellation of the restriction on sending text messages to the above two auxiliary lines during the period from April 8, 2014 to July 30, 2014.

C. However, on June 4, 2014, the customer protection team belonging to the defendant company around the 11th day of the same month after the local election was implemented.

6. 4. During the process of requesting deletion of 561 mobile phone numbers for which an application for the release of the restriction on sending letters was filed for local election, the Plaintiff was temporarily able to send 50 million text messages for each mobile phone on June 13, 2014 after the removal of the restriction on sending text messages for 2 mobile phone lines from two mobile phone lines of the Plaintiff’s above mobile phone at the same time. As to the J on June 18, 2014, the restriction on sending text messages was revoked by filing a civil petition with regard to I on June 18, 2014, and 10 out of the above 561 mobile phone numbers prepared by the Defendant Company.

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