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(영문) 서울중앙지방법원 2015.10.28 2015나32942
사용료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

2...

Reasons

1. Basic facts

A. As a key telecommunications business operator providing telecommunications services, the Plaintiff operates a “T-GE” system that enables customers to subscribe to the Plaintiff’s mobile communications services online from the Internet.

B. On the Internet, the Plaintiff’s application for subscription to the Plaintiff’s mobile communications service through the Plaintiff’s “T-GET” system in the name of the Defendant was filed on May 14, 2012, and the same year.

5. 15. 2 cases were transmitted. Accordingly, at that time, the Plaintiff and a total of 3 mobile communications service contracts (revolving B, C, and D) were concluded with the Defendant under the Defendant’s name.

Meanwhile, at the same time, the application for the purchase of mobile devices in the name of the Defendant was sent online at the same time by the same method, and the Plaintiff and the three mobile devices sales contract for the installment of the mobile devices (the model name SHV-E160S-32G, IPHNE4S-16G, 70,000 won for each of the former, 730,000 won for the latter, 5.9% per annum for each interest rate, 24 months for each of the installment period, and 24 months for each of the principal and interest principal) were concluded.

(In general, each of the above contracts is referred to as "the contract of this case" (hereinafter).

At the time, the defendant's name and resident registration number were stated in the application for admission and purchase transmitted in the name of the defendant, and the defendant's post office account was designated as the automatic transfer account of communications fees.

However, the place where the charge is claimed and the place where the device is delivered is “In Seo-gu, Incheon,” and is different from the Defendant’s resident registration place at the time, and the e-mail address was written “F” and “H” respectively.

As above, at the time of transmission of subscription and purchase application under the name of the defendant, the following procedure for identification was conducted on the online.

1) The name and resident registration number of the Defendant entered in the application for subscription were confirmed to be consistent with the Defendant’s actual personal information. 2) It was confirmed that the Defendant’s account designated as the automatic transfer of telecommunications charges coincide with the Defendant’s account information as a result of the validity inspection by the Financial Settlement Board

3. The procedure for identification shall be credit cards.

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