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(영문) 수원고등법원 2020.05.21 2020나10318
회사에 관한 소송
Text

The plaintiff's appeal and the plaintiff's claim added in this court are all dismissed.

Appeal costs shall be additionally claimed.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for the case where the plaintiff determines as follows 2.

2. Determination as to additional arguments and claims

A. The plaintiff asserts that Article 22 of the Terms and Conditions of Use of the game of this case and Article 5.1 (1) of the Management Policy violates Articles 5, 6, and 8 of the Regulation of Terms and Conditions Act and thus invalid, the legislative measures of this case must be revoked illegally.

However, in light of the terms and conditions of use and operation policies, their meaning and scope, and the circumstances and degree of the measures taken in this case applying them, it is difficult to deem the above terms and conditions of use and operation policies to violate Articles 5, 6, and 8 of the Terms and Conditions Act, and thus, the first Plaintiff’s assertion on a different premise is without merit.

B. The Plaintiff added a claim for payment of KRW 5 million to the damages for the instant disciplinary measure at the appellate court, but there is no evidence to prove that the instant disciplinary measure constituted a cause of damages, such as nonperformance of obligation or tort, and thus, this part of the claim cannot be accepted.

3. The judgment of the court of first instance, which dismissed the claim for the rescission of the instant sanctions, is justifiable. Thus, the plaintiff's appeal and the plaintiff's claim added in this court are dismissed as all without merit.

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