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(영문) 서울중앙지방법원 2015.09.11 2013가단5179117 (1)
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2012, via the online shopping mall, “11-C” and “Gmarket,” the Plaintiff’s name entered into a guarantee insurance contract on the installment of the device with the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) and three mobile phones (hereinafter “each mobile phone of this case”) under the Plaintiff’s name. The contract on the installment of the device was concluded between three mobile phones and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) and three mobile phones (hereinafter “instant mobile phones”).

(hereinafter referred to as “each of the instant contracts” is added to all the above contracts entered into in the name of the Plaintiff.

Each of the contracts of this case was made through the online subscription support system of Defendant ELS Plus, and "the online subscription application in the name of the plaintiff received at the time of the above system" is "the online subscription application of this case".

A) The Plaintiff’s authorized certificate was a digital signature; the Defendants confirmed that the online subscription application of the instant case was prepared and received by the Plaintiff himself through the authentication procedure. C. Until now, the Defendant Seoul Guarantee Insurance paid KRW 1,758,30 for the unpaid payment of each of the instant mobile phones around March 19, 2013 to Defendant EL Plus, in total, KRW 1,758,30 for the unpaid payment of each of the instant mobile phoness. [The grounds for recognition: (a) there is no dispute; (b) evidence No. 1, 2; (c) evidence No. 1, 1, 3; (d) evidence No. 16; and (e) evidence No. 19-22 (including each number); and (c) the purport of the entire pleadings.

2. Determination:

A. 1) The occurrence of obligations under each of the instant contracts is the origin of obligations under the relevant laws and regulations and the Framework Act on Electronic Commerce (amended by June 1, 2012), and is the “Framework Act on Electronic Commerce”

Article 7 (2) 2 shall be based on the relationship between the originator and his/her agent.

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