2015Gahap515870 Action for the Restoration of Game Items, etc.

A

UNCFT Co., Ltd.

December 9, 2015

December 18, 2015

1. The plaintiff's claim is dismissed.

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

The defendant restores the plaintiff's game items +0 modified decision-making body 'the plaintiff's game items 'the plaintiff' within the 1-line game provided by the defendant and provides it to the plaintiff.

1. Basic facts

A. Status of the parties

1) The defendant is a company that provides the Internet game service called "MORPG" (hereinafter referred to as "the game of this case") of multi-user online roller Plaing 1" (hereinafter referred to as "MORPG"), which uses a network on the website of www.line.co. Ltd., where games cooperate or compete with each other in interaction between visitors.

2) The Plaintiff entered into a contract for the use of the game of this case with the Defendant around August 2003, and thereafter, was a person who used the game of this case to the account of Addi (ID and Idddi) under the name of “B” from that time.

(b) Game usage methods, etc.;

1) The user of the game of this case connects the Defendant’s game operating server computer (hereinafter referred to as “severver,” hereinafter referred to as “game server”) using his own clorate computer (hereinafter referred to as “clorate”), and uses the game of this case in a way that the Defendant acquired a new item by raising the experienced value of the character or shooting the enemy through a test, combat, etc. while cooperating or competing with the character of other users within the game of this case, which is a virtual space set by the Defendant, within the game of this case, in cooperation with or in competition with the character of other users, within the game of this case, the Defendant used the game of this case by creating a virtual society by itself.

2) The character of the user of the game of this case is assessed according to how he acquires "a item" (as the type thereof, there are "a unit", "weapon, such as shot," "weapon," "defense equipment, such as clothes, fences, booms, etc.", "a class", "a class", "a class, such as balth, etc.," and "other items, such as orders, and water chemicals," while running the virtual community life as above in the game of this case.

3) Meanwhile, where the character is dead in the game of this case, part of the item owned by the character at a certain probability is destroyed at the same time.

(c) Game records;

1) Trag phenomenon refers to a phenomenon in which the transmission of information between server computers and crate computer is delayed.

2) In the game provided through a network like the instant game, where a film phenomenon occurs, the game user’s character manipulation signal inputs into his own computer is delayed delivery to the game server, and the game user’s act of character in the game is delayed, or the game server’s game information is delayed delivery to a set, and the game screen is likely to stop on the game user’s computer because of the rapid transmission of the game information to a set.

D. Death of the Plaintiff’s game character

On February 23, 2015, the Plaintiff’s character of the instant game was matched within the game at around 04:56:45 on February 23, 2015, and died by the enemy. As a result, the Plaintiff’s character was lost “+0 modified decision-making body” owned by the said character.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, 7, 10, Eul evidence No. 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The parties' assertion

The plaintiff asserts to the purport that the game of this case was destroyed by the computer trouble of the defendant's game server, which operated the game character and operated the game character, and that the game character of this case was lost on the wind of the plaintiff's game character death by the enemy because it was impossible to properly manipulate the game character, and that it was caused by the reasons attributable to the defendant, so the defendant is obliged to restore the item of this case and provide it to the plaintiff.

In regard to this, the defendant asserted that the defendant's server was acting normally at the time of the plaintiff's game character death, and that the above character death did not constitute a cause attributable to the defendant.

B. Determination

The key issue of the instant case is whether the Plaintiff’s game character was dead due to the Defendant’s game character that occurred due to the Defendant’s game server disorder. The evidence reveals that “the Plaintiff’s game character occurred between February 23, 2015 when the Plaintiff’s game character was dead, between February 4 and 5, 2015, and the Defendant’s game server did not proceed with the game, and there are many races generated from several seconds in the instant game,” and the Plaintiff’s game No. 11 (C) was indicated, and the fact that “the Plaintiff’s game character was not unfairly dead due to the Plaintiff’s game character: from 00 other users, from 30:0 on the Defendant’s Internet homepage, from 200 to 25:0 on the Defendant’s Internet homepage, the Plaintiff’s game character did not have been connected to the Defendant’s Internet game.”

However, in addition to the above basic facts and admitted evidences, it is difficult to conclude that the Plaintiff’s game character was damaged by the Plaintiff’s game character Nos. 2 and 6 through 8, and the following circumstances, i.e., the Plaintiff’s game character operation records (No. 8-1, 2) of the above C, even if it appears that C used the Plaintiff’s game normally from February 23, 2015 to 05:05, which is the time when the Plaintiff’s game character died; ② if the Plaintiff’s game character was killed by the black phenomenon, it is difficult to recognize that the Plaintiff’s game character was damaged by the Plaintiff’s game character’s death on the Defendant’s Internet homepage, and there is no possibility that the Plaintiff’s game character was destroyed by the Plaintiff’s 20-year game character before and after the death of the Plaintiff’s game character, and there is no other evidence to acknowledge that the Plaintiff’s game character was damaged by the Plaintiff’s computer character’s 1, 2015.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Number of judges of the presiding judge;

Judges Yang Young-young

Judge Freeboard