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(영문) 서울북부지방법원 2016.01.12 2015나4854
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant Stecom Co., Ltd. (hereinafter “Defendant Stecom”) is a key telecommunications business operator providing radio communications services, etc., and Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) concluded a credit insurance contract whereby Defendant Seoul Guarantee Insurance Co., Ltd. compensates for the damage within the insurance amount if the subscribers did not perform their obligations such as the cost of installing cell phoness with Defendant Stecom.

B. On November 12, 2012, a new service contract with the Plaintiff as a new policyholder and two copies of each contract for the installment of a terminal (the number B and C; hereinafter the above number two mobile phones are each of the instant mobile phones; and the contract for the use of telecommunications services with respect to each of the instant mobile phones is referred to as the “each of the instant contracts”; and was drafted on November 12, 2012 as the receipt point of the application form for the E-agency operated by D. The Plaintiff’s name and seal is affixed to each of the instant applicants’ (agent) column.

C. As the Plaintiff did not pay the usage fee and the installment cost of the device for each of the above mobile phones, Defendant Stecom claimed insurance money against Defendant Seoul Guarantee Insurance around July 2013, and Defendant Seoul Guarantee Insurance paid KRW 817,050 (C) and KRW 1,748,130 (B) with insurance money for each of the above mobile phones on July 16, 2014.

On June 2014, the Plaintiff served a notice of final demands for debt settlement, including provisional attachment and compulsory auction, on June 20, 2014, on the F&U credit information company, which is an institution specializing in debt collection of Defendant Sccom, to commence execution procedures, if it fails to pay the terminal price, etc. of each of the above mobile phones, and on June 20, 2014, the Plaintiff approved KRW 91,760, which is a part of the terminal installation cost of each of the above mobile phones, by the credit card in the name of the wifeF, and on July 20, 2014, the Defendant under the name of F.

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