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(영문) 수원지방법원 2015.05.15 2014나46850
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff’s establishment of a contract for installment sales of mobile phones under the Plaintiff’s name and opening of mobile phones 1) ELS Co., Ltd. (hereinafter “ELS”).

(3) On April 3, 2012, the Plaintiff’s mobile phone sales subscription form (SHV-E160L: hereinafter “instant subscription form”) with respect to two mobile phones in the name of the Plaintiff on the website for sales of the mobile phone operated by it through an official agency (hereinafter “instant subscription form”).

2) The Plaintiff’s resident registration number, e-mail address, and installment sales amount are indicated in the Plaintiff’s digital signature using an authorized certificate under the Plaintiff’s name, and the account number of community credit cooperatives in the Plaintiff’s name to be automatically transferred.

3) On April 3, 2012, ELS Puss accepted the purchase offer indicated in the instant subscription form, and upon accepting the purchase offer indicated in the instant subscription form, the Plaintiff entered into a installment sales contract on the two mobile phones between ELS and the mobile phone dealer in the name of the Plaintiff (hereinafter “instant installment sales contract”).

4) The EL P and Q were opened in the Plaintiff’s name at that time. EL P and Q.

B. At the time of the instant installment sales contract, the Plaintiff Co., Ltd. (hereinafter “C”) at the time of the instant installment sales contract (hereinafter “C”).

B) Between April 3, 2012 and October 2, 2014, the insurance period was from April 3, 2012 to October 2, 2014, Lbane entered into a guarantee insurance contract with the purport of receiving compensation for property damage, which would have been incurred in the event that Lbane did not receive the installment payment from the Plaintiff. 2) However, Lbane did not receive the installment payment from June 30, 2012.

3 EL Plus notified C of the occurrence of an insurance accident, and C paid the sum of KRW 1,972,130 to EL Plus on February 20, 2013.

C. The user fee of two mobile phones in the Plaintiff’s name from June 2012 to March 2013 is 3,942,380 won in total and future credit information.

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