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(영문) 서울중앙지방법원 2015.04.15 2014나45910
사용료
Text

1. Revocation of a judgment of the first instance;

2. The Defendant is from November 28, 2013 to KRW 1,827,450 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a key telecommunications business operator providing telecommunications services, operates a “T-GE” system that enables customers to subscribe to online mobile communications services on the Internet.

B. On the Internet on December 21, 2011, the Plaintiff’s application for subscription to the Plaintiff’s mobile communications service was transmitted through the Plaintiff’s “T-GET” system under the Defendant’s name. Accordingly, on the same day, the Plaintiff and the Defendant’s name entered into a contract for the mobile communications service contract (hereinafter “instant contract”).

C. At the time, the application form sent under the name of the defendant was the automatic transfer of communications fees, in addition to the name and resident registration number of the defendant, designated as the defendant’s agricultural bank account, and the address and address of the place of the application was Seoul Mapo-gu, Seoul, and the contact address was D, and the e-mail address was E.

As above, at the time of transmission of the application for subscription in the name of the defendant, the following procedure for identification was conducted.

1) The name and resident registration number of the Defendant entered in the application for subscription were confirmed to coincide with the Defendant’s actual personal information. 2) The Defendant’s agricultural bank account designated as an automatic transfer account of telecommunications charges was confirmed to coincide with the Defendant’s actual account information.

3) A person’s authentication procedure was conducted by means of an authorized certificate, and at the time, an authorized certificate under the Defendant’s name and a password were entered without errors. E) As such, after the conclusion of the instant contract under the Defendant’s name, various mobile communications services were used by the mobile communications circuits (B) and the total amount of KRW 1,827,450 was generated from January 201 to June 2012. [In the absence of any dispute over recognition, the fact that there is no ground for dispute over recognition, the entries in Gap’s evidence 1 through 5, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is that the instant contract was concluded with the Defendant’s online application for accession.

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