1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Summary of the parties' arguments

A. On November 18, 2014, the Plaintiff concluded a mobile phone service contract with the Defendant for the use of the mobile phone number C, and the Defendant is obliged to pay the Plaintiff the total amount of 650,080 won and delay damages therefrom, in accordance with the aforementioned mobile phone service contract.

B. The defendant did not have entered into a contract for the use of the above mobile phone service with the plaintiff, and since D has concluded a contract for the use of the above mobile phone service with the plaintiff by stealing the defendant's name, the defendant shall pay D the unpaid fees and damages for delay under the above mobile phone service contract.

2. Determination

A. The following circumstances acknowledged by the record as to whether the Defendant entered into the above mobile phone service contract with the Plaintiff and the purport of the entire pleadings are as follows: (i) from November 18, 2014, the date when the Defendant entered into the above mobile phone service contract, the Defendant did not report the identity theft of D or request the Plaintiff to take appropriate measures against the Plaintiff (Evidence A5 to 8) through the Plaintiff’s service contract from November 18, 2014, which was the date when the above mobile phone service contract was concluded to the appellate court of this case; (ii) the Defendant did not mentioning the Plaintiff’s identity theft when the Defendant calls for payment and exemption of unpaid fees (Evidence A4 and 9); (iii) the Defendant’s welfare card is attached to the above mobile phone service contract (Evidence A1). In light of the fact that the Defendant did not appear in the first instance to the appellate court of this case, and provided an opportunity to make an explicit statement as to whether the authenticity of No. 1 was established, the Defendant concluded the above evidence No. 1 and the mobile phone service contract with the Plaintiff.