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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. Facts of recognition;
A. The Plaintiff is a mobile communications business operator.
B. On August 31, 2010, the Defendant entered into a mobile phone service contract with the Plaintiff and used the mobile phone number B (hereinafter “instant mobile phone”).
C. The instant mobile phone usage fees from March 2014 to May of the same year are KRW 5,51,240 in total (hereinafter “instant unpaid charges”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1, 2, Gap evidence 6, the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid charges of KRW 5,51,240 and damages for delay calculated at the rate of 20% per annum from August 6, 2014 to the day of full payment after the delivery of the instant payment order, which the Plaintiff seeks, to the day of payment.
B. The Defendant’s assertion argues that, around April 2014, the Defendant subscribed to the programming service for using the instant mobile phone from abroad before leaving Canada, and immediately revoked the said service, and without recognizing that the service fee is imposed by automatically setting the instant mobile phone, the Defendant only returned to Korea, and thus, the Defendant cannot pay the instant unpaid fee.
According to the overall purport of Gap evidence Nos. 3 and 4, Gap evidence No. 5-1, 2, and Gap evidence No. 6, and the whole purport of the oral argument, ① The mobile phone of this case starts automatically setting service without any separate application as the so-called " smartphone". The plaintiff sent text messages to the user at the first time after the arrival of the user abroad, and warns that excessive service charges may occur. ② The defendant is so-called "data programming" that the Internet, etc. can be used by smartphone immediately before departure from Korea.