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(영문) 수원지방법원성남지원 2014.01.22 2013가단21986
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 16, 2012, the Defendant began to provide services upon receiving a new application for subscription under the name of the Plaintiff, such as the attached list, under the name of the Plaintiff.

(hereinafter “instant use contract”). B.

The Defendant claims to the Plaintiff KRW 5,954,970 as the usage price under the above service contract.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. A. The summary of the Plaintiff’s assertion (1) The instant use contract concluded under the Plaintiff’s name of the Plaintiff’s assertion was concluded by stealing the name without the Plaintiff’s intent, and thus, the Plaintiff did not bear any obligation pursuant thereto, and thus, the Defendant claims the amount of usage from the Plaintiff. Therefore, the Plaintiff did not have any obligation.

(2) Since the Defendant’s assertion that the instant use contract was concluded by the Plaintiff or was concluded by granting the Plaintiff’s authority, the Plaintiff is obligated to pay the user fee.

B. In full view of the following circumstances, the instant use contract is deemed to have been concluded by the Plaintiff’s will, and thus, the Plaintiff’s assertion is not acceptable, inasmuch as it is acknowledged that the instant use contract was concluded by the Plaintiff’s will.

① The instant use contract was filed and concluded via the Internet.

However, at the time of application for membership, the financial account in the name of the plaintiff was stated as the information on the plaintiff's actual domicile, method of payment of fees, and the identification was made by means of inputting part of the card number, validity period, and password under the name of the plaintiff.

② Pursuant to the instant use contract, the mobile phone was delivered to the Plaintiff’s residence at the time of the conclusion of the said contract, and the Plaintiff received it.

③ On April 17, 2012, the date following the conclusion of the instant use contract.

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