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(영문) 인천지방법원 2015.09.16 2015가단27148
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into a service contract with the Defendant regarding B mobile phone (hereinafter “instant mobile phone”) by using the name of his/her father, who used the name of his/her father, to receive mobile phone services provided by the Defendant.

B. The new service contract on the instant mobile phone is indicated as “C”, resident registration number D, and address “Ycheon-gu E building E, Incheon-gu, 832 Dong and 802,” and the written application for change of use also includes C’s personal information.

C. Meanwhile, the Plaintiff lost the instant mobile phone and C filed an application for the suspension of loss of the instant mobile phone through the Defendant’s customer center on September 22, 2013. The Defendant imposes a charge equivalent to KRW 3,850 per month (including value-added tax) on the customer where the customer files an application for the suspension of mobile phone service.

94,244 won is the communications fee that occurred during the period of suspension of use of the mobile phone of this case.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 through 4 (including Serials), and the purport of the whole pleadings

2. Although the Defendant alleged by the Plaintiff imposed KRW 94,244 on the instant mobile phone, the need for suspension even if the Plaintiff did not use the mobile phone during the period of suspension of the mobile phone.

Since it is improper to impose a gold, the Plaintiff seeks to confirm that there is no obligation to pay the above telecommunication fee against the Defendant.

3. Determination

A. In a lawsuit for confirmation, a person who has the interest in confirmation as to the claim has standing to sue, and a person who has an objection to such confirmation has standing to sue, and the interest in confirmation is determined by the confirmation judgment to eliminate the risk of uncertainty when there is a dispute between the parties as to the legal relationship subject to confirmation and the legal status of the plaintiff is at risk.

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