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(영문) 서울중앙지방법원 2019.01.09 2018가합525502

보유금 반환 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company running electronic commerce and related distribution business, which operates C, a website that provides virtual currency transactions and related services (hereinafter “C site”), and the Plaintiff is a subscriber of the C site.

B. On December 13, 2017, the Plaintiff agreed to the Defendant’s “C-based terms and conditions” (hereinafter “instant terms and conditions”) upon entering into a contract with the Defendant for the use of the website. The main contents of the instant terms and conditions are as follows.

Article 2 (Definitions)

5. “Virtual currency” means Bitcoin, Eitcoin and other encrypted currency which can be traded in services;

6. The term "KRW virtual currency" means a virtual currency which a member may use for virtual currency transactions, etc. within a service and may exchange in cash;

7. “ outside virtual currency address” means any virtual currency address or account owned or used by a member or any third person from outside of a service.

8. The term “C A” means the virtual currency A which C uses to store virtual currency connected to C Ghana by its members.

A member may exchange and exchange "external virtual currency address" and virtual currency through "C A".

Article 10 (Obligations of Members) The terms and conditions of the instant case stipulate “paragraph (1)” and “paragraph (1) 1” as “1.” but, in this context, the term and conditions of the instant case stipulate “paragraph (1)” as “(1)” and “paragraph (1)1.”

(hereinafter the same shall apply)

1. Members shall not engage in the following conduct:

8. The use of services, without the prior consent of the company, through automated means, such as transfer, screen, scrit, scrit, scryr, scryr, scryr, and other unlawful means, and the access to services, the frequency of exposure and the frequency of character, and the use of services.