(영문) 수원지방법원 2014.09.17 2014나6593 | 리걸엔진

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(영문) 수원지방법원 2014.09.17 2014나6593

사용료

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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. On November 7, 2008, the Plaintiff entered into a contract for the use of general telephone and Internet service with B and provided services. On April 19, 2011, the insured name was changed to B as the Defendant.

(hereinafter “instant contract”). (b)

At the time of change of the above name, the defendant was a minor at 18 years of age, and the defendant's denial C applied for change of name as the defendant's agent.

C. The Plaintiff failed to receive service charges of KRW 14,894,050 from September 2, 2012 to October 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid user fee of KRW 14,894,050 and the delay damages, unless there are special circumstances.

B. As to the judgment on the defendant's assertion, the defendant is the party to the contract of this case, and even if family C cannot be viewed as the party to the contract, C's act of changing the name of the contract on behalf of the defendant constitutes abuse of the right of legal representation, and the plaintiff knew or could have known it. Thus, the plaintiff's act of representation does not affect the defendant, and therefore, the plaintiff cannot seek payment of the above

First, as to whether a party to the instant contract is C, it is not sufficient to recognize the parties to the instant contract as C only with the evidence submitted by the Defendant, and there is no other evidence to acknowledge it otherwise.

Next, with regard to whether the act of filing a request for change of name C by proxy does not affect the defendant as an abuse of the right of legal representation, the act of representation by a person with parental authority, which is a legal representative, causes only economic loss to the minor himself/herself, while the act of representation by a person with parental authority or a third party is an act of causing economic

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