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(영문) 서울서부지방법원 2018.04.05 2017가단9704
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 February 22, 2012 and December 23, 2012, through the Internet, through each online shopping mall, a mobile communications service subscription and a mobile device installment sales contract provided by the Defendant under the Plaintiff’s name (hereinafter “instant contract”) was concluded and payment was made by credit card.

The online subscription application on the Internet contains the Plaintiff's name, resident registration number, mobile phone number, e-mail, and mobile phone address of the Plaintiff who is to receive delivery, credit card number (C) number for the payment of charges, term of validity of the card, etc.

B. In order to subscribe to the Defendant’s mobile communications service via the Defendant’s identity-certified Internet via a credit card, the Defendant must undergo the process of entering the detailed information on the real name of the consent of the terms and conditions (the procedure for the consent of settlement for the payment of the price at time is carried out) (a certified certificate or credit card) (the Defendant confirmed that the Defendant was the Defendant’s contract by the Defendant through the credit card in the name of the Plaintiff (the first two types of the name, resident registration number, credit card number, term of validity of the credit card, and the card password, and then the credit card certification is conducted) by means

(In addition, the copy of the plaintiff's resident registration certificate at the time also appears to have been sent to the defendant's agency. Accordingly, the defendant accepted the above online subscription application and entered into a contract for the use of the mobile phone number 2 and a contract for the installment of mobile phone.

C. After that, on June 2012, the Plaintiff reported the establishment of a mobile phone under the name of the Plaintiff by stealing the name of the Plaintiff.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 through 11 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserted that the contract of this case is entered into with the defendant.

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