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(영문) 서울서부지방법원 2020.07.07 2019가단216902
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a user who has entered into a contract to use the encryption exchange (hereinafter “the Defendant Exchange”) under the name of Belgium Corporation D (hereinafter “Defendant Corporation”) and E (hereinafter “Defendant Exchange”), and the Defendants are the operators of the Defendant Exchange.

B. In around 2018, the Plaintiff entered into a contract of use between the Plaintiff and the Defendant Exchange through the Defendant Exchange homepage operated by the Defendant Corporation. The main contents of the terms of use posted on the above website are as follows.

However, the terms and conditions of use provided on the above website were written in English, and the Korean translation, etc. for the users using the Korean language such as the Plaintiff, etc. was not provided.

I. Eligibility for and prohibition of the use of a service is the honor for employers over 18 years of age.

This Agreement does not exclude the laws of the State or region to which the user belongs.

II. We provide an online digital asset trading platform to trade in kind and other digital asset derivatives (or token, digital token, and encrypted) and to carry on a crypt transaction.

Users acknowledge and agree to provide services in accordance with the present technical capabilities and other conditions.

E is aware that the maximum efforts have been made to ensure the continuity and security of services, but E is unable to completely forecast or prevent the suspension of services that may arise due to force majeure, viruses, piracy, system instability, defects of third parties, governmental actions, etc., and therefore E is not liable for damages to users due to non-use of services resulting from the following circumstances:

A. Period of blocking service during the system inspection;

d. Mad.

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