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Reasons
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(영문) 서울중앙지방법원 2015.07.23 2014가단265645
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was: (a) the Plaintiff entered into a service contract with the Defendant on ① TV, ② online, and ③ wire telephone goods; (b) the Defendant terminated the contract; (c) however, the Defendant unfairly withdrawn and received KRW 168,686 of the fee from the Plaintiff by treating only the wire phone; and (c) further, the Plaintiff claimed KRW 202,020 via a credit information company.

As a result, the plaintiff suffered mental suffering. The defendant is obligated to return or pay the above unjust enrichment of KRW 168,686 and KRW 5 million to the plaintiff. On the other hand, the plaintiff does not have the above obligation to pay the communication fee of KRW 202,020.

2. Determination

(a) Nos. 3 and 4 (including paper numbers; hereinafter the same shall apply) in respect of TV and Internet fares;

(2) On October 24, 2010, the Plaintiff and the Defendant entered into a contract for the use of the Internet and the telephone service around October 26, 2010, and thereafter, the Plaintiff changed the radio operator of the online telephone service to ELS Co., Ltd. (the so-called “number transfer” contract was terminated and the contract was maintained only for the Internet service. The Defendant was paid KRW 168,686 by the account transfer and the termination of the contract for the online telephone service, and the Defendant suspended the service around September 24, 201, with the Plaintiff’s fees for the use of the Internet service around October 26, 2010. The Defendant demanded that the Plaintiff pay the unpaid charges for the use of the online service, the unpaid charges for the use of the online telephone service, the late charges for the payment of the refund amount of KRW 20,200, the refund amount of KRW 20,200, and the Defendant did not demand the payment of unpaid charges through the account transfer and the termination of the contract.

According to the above facts, the defendant receives KRW 168,686 from the plaintiff.

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