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(영문) 광주지방법원 2016.09.22 2016가합99

회원이용제한무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Defendant is operating a business professional camping team, and manages and operates the business website (htp://www.co.co. Ltd. (hereinafter “instant website”) that provides services, such as posting various information, such as the sports schedule, related news, players trend, etc., and managing the bulletin board of the name “Scran” in which members can freely display a notice.

B. On December 28, 2003, the Plaintiff first joined the instant website as a paid member, and re-entered on April 2013.

C. On April 29, 2015, the Plaintiff was convicted of a fine of KRW 2 million on the ground that he/she was found guilty of the offense of insult B at the pure Branch of the Gwangju District Court on April 29, 2015, and the said judgment became final and conclusive on November 27, 2015.

[Manju District Court 2014 High Court 2014 High Court 606, High Court 2014 High Court 2049(Consolidated)]

On January 6, 2016, Article 19(4) and (7) of the Terms and Conditions of Use of the homepage of this case (hereinafter “Terms and Conditions of this case”) (hereinafter “Terms and Conditions of this case”) Article 19(4) and (7) of the Terms and Conditions of this case (hereinafter “Terms and Conditions of this case”) may immediately suspend the use of permanent services or terminate the contract for use with respect to a member who has been subject to legal punishment due to defamation, insult, fluence, etc. that occurred during the use

7. If a member commits an act contrary to the terms and conditions, such as Article 11 (Duties of Members) of the Terms and Conditions, the site may restrict the use of services or terminate the service contract.

B) On the ground that the Plaintiff terminated the instant license agreement with the Plaintiff and took measures to deny the Plaintiff’s re-admission for the next five years (hereinafter “instant sanctions”).

E. B In relation to the dispute with the Plaintiff, the Suwon District Prosecutors' Office is suspected of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation).