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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a provider of information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
On January 30, 2013, the Plaintiff entered into a contract to use mobile phone services with the Defendant, and is a user who has used mobile communications services and supplementary services provided by the Defendant.
B. On January 30, 2013, the Plaintiff entered into a contract to use the instant mobile phone service with the Defendant, and entered into a contract to use the mobile phone (hereinafter “instant mobile device”) with the Plaintiff, which covers KRW 250,000 of the unit principal for the mobile device (the model name SV-E120S2, hereinafter “instant mobile device”) and KRW 24,00 of the installment period, and KRW 5.9% of the installment interest.
On the other hand, the Seoul Guarantee Insurance Co., Ltd. concluded a terminal guarantee insurance contract on the plaintiff's obligation to pay the installment price of the device.
C. Of the charges imposed due to the use of the instant mobile phone, the Plaintiff unpaid KRW 535,370 from March 2013 to September 2013, and the unpaid fare of KRW 535,370 includes KRW 275,000 for the amount of small payment for the stoves (name change) generated from April 2013 to May 2013.
In addition, since April 2013, the Plaintiff did not pay the installment of the device.
On the other hand, at around 14:05 on May 21, 2013, the Plaintiff reported to the Incheon Regional Police Agency a small amount of KRW 275,000 to KRW 36 times from April 7, 2013 to May 6, 2013, the Plaintiff reported that “the non-suspect caused data usage fees to KRW 275,000 using the victim’s mobile phone number B.”
E. The Defendant did not pay the Plaintiff the total amount of KRW 535,370 and the installment amount of the mobile phone of this case for three months or more. On September 24, 2013, the Defendant terminated the instant mobile phone ex officio in accordance with the terms and conditions of the Defendant Company’s contract, and received the payment by requesting the Seoul Guarantee Insurance Company to pay the insurance money with respect to the installment amount of the mobile phone.
(f) relevant regulations 1 electronic commerce, etc.;