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TITLE | Supreme Court Decision 2018Da214746 Decided June 15, 2023 ¡¼Prohibition and Suspension of the Infringement of Consumers¡¯ Rights and Interests¡½ [full Text] |
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Summary | |
Main Issues and Holdings¡½ [1] Where the portion that is extinct due to its use and consumption until exercising a subscription withdrawal right after a communication line is open through the conclusion of a mobile communication service contract takes up a very small proportion in comparison with the whole mobile communication services whose provision has been scheduled, whether this corresponds to ¡°where the value of the goods, etc., has substantially decreased due to a consumer¡¯s use and partial consumption¡± as referred to in Article 17(2)2 of the Act on the Consumer Protection in Electronic Commerce and Article 8(2)2 of the Act on Door-to-door Sales (negative) Where a mobile communication service contract corresponds to a contract comprising divisible services, whether a consumer who concluded a mobile communication service contract through a mail order may exercise a subscription withdrawal right with regard to a service that has not been provided yet against a business operator who provides mobile communication services (affirmative) [2] With respect to whether there exist any grounds for the restriction on the exercise of a subscription withdrawal right under the Act on the Consumer Protection in Electronic Commerce and the Act on Door-to-door Sales and whether the duty to indicate the facts corresponding to the grounds for the restriction thereon has been discharged, where the burden of proof lies (held: business operator) |