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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On October 24, 2012, the Plaintiff entered into a service contract with the Defendant for the installment sale of a mobile phone, and received new one-time mobile phone assignment by concluding a service contract.
B. On May 2, 2013, on which the Plaintiff was detained on May 2, 2013, the Plaintiff’s application for change of the device/USIM and the sales contract for the device was entered into in the name of the Plaintiff, and a copy of the Plaintiff’s resident registration certificate was attached to the Plaintiff’s identification card.
C. During the Plaintiff’s detention, the Defendant confirmed that an application for the change of terminal/USIM and a sales contract for the installment of a device was made out, as seen above, and confirmed that the contract was made out on May 2, 2013, and the amount of KRW 1,738,430 on the basis of the contract concluded on April 23, 2014 was to be borne by the Grand SS Co., Ltd., and the amount of KRW 25,150 on the basis of the basic fee for the suspension of use between April 1, 2013 and October 17, 2013 was reduced or exempted on May 9, 2014, while receiving from the Seoul Guarantee Insurance Co., Ltd. the unpaid amount of KRW 602,318 on the basis of the contract concluded on October 24, 2012.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1-1, 2, 2-2, Eul evidence 1-5, the purport of the whole pleadings
2. Determination as to the cause of action
A. In concluding a contract for the use of mobile phones and a contract for the purchase of mobile phones, the Defendant: (a) neglected his/her duty to verify whether the applicant is the principal of the member’s identity; and (b) neglected to conclude a contract for the use of mobile phones, which was opened under the name of the Plaintiff on May 2, 2013, with the Defendant and the mobile phone service provider, and concluded a contract for the use of mobile phones and for the purchase of mobile phones.
On the other hand, the defendant is legally or practically liable for C's staff member of the "Syyal sports store", which is the direct agent of the Grand SS Co. or the defendant.