Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 13, 2012, a contract for subscription to and sales of mobile communications services provided by the Defendant’s Intervenor was concluded under the name of the Plaintiff, and the terms and conditions of the said contract include the provision on installment credit insurance, stating, “The Defendant’s Intervenor may enter into an installment credit insurance contract with the guaranteed insurance company to preserve the claim for the installment payment against the Plaintiff.”
B. The Defendant Intervenor concluded an installment credit insurance contract with the Defendant regarding the device under the name of the Plaintiff, and the Plaintiff did not pay the installment sale price of the device, the Defendant subrogatedly repaid KRW 1,029,970 to the Defendant Intervenor on May 23, 2013.
C. Around September 11, 2014, the Defendant sent to the Plaintiff a written notice stating that the installment payments that the Defendant repaid to the Plaintiff on behalf of the Plaintiff and the interest on the said payments of KRW 1,112,930 to the Plaintiff by September 25, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. The Plaintiff alleged that the Plaintiff provided a loan of KRW 100-2 million to the Defendant’s Intervenor and provided a copy of the identification card and passbook, without entering into a sales contract with the Defendant’s Intervenor, and that the Plaintiff received KRW 200,000 from the Defendant’s Intervenor on December 26, 2013. As such, the Plaintiff fully repaid the Defendant’s Intervenor’s debt of KRW 242,600.
Therefore, the plaintiff does not bear the defendant's liability for indemnity for the installment sale of the device.
3. Determination
A. Comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 1 through 5, and the entire purport of the pleadings as a result of the examination by this court, the fact that a contract for the installment sale of a device was concluded between the plaintiff and the defendant’s supplementary intervenor on August 13, 2012
① The Plaintiff has sent an identification card and a copy of the passbook to obtain a loan.