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(영문) 서울고등법원 2017.11.10 2017나2040618
아이템 회복등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance (excluding 8 pages 16 to 21 of the judgment of the court of first instance, except where the judgment of the court of first instance is added to the plaintiff'

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. The further determination of this Court

A. (1) As to the primary claim, the Defendant’s summary of the Plaintiff’s assertion that the “Account 2 Operation Policy” stipulated in Article 8 of the “Operation Policy” (hereinafter “Operation Policy of this case”) refers to all acts using the function of the “Account 2” game without the consent of the owner of the pertinent account.

Therefore, the Plaintiff’s act of moving the item of this case from the Plaintiff’s account to another account (hereinafter “the instant remote control act”) through the team interview by a third party while accessing the Plaintiff’s game server using his own computer constitutes “the account map use” as stipulated in Article 8 of the instant operational policy.

Ultimately, the defendant is obligated to restore the item of this case, which was moved to the plaintiff's account in an abnormal manner as stipulated in Article 8 of the Management Policy of this case.

(2) The interpretation of a standardized contract shall be fairly and reasonably interpreted in light of the purpose and purpose of the standardized contract in question in accordance with the principle of trust and good faith, and it shall be objectively and uniformly interpreted based on the average customer’s understanding potential without considering the intended purpose or intent of each party to the contract.

In addition, even after the above interpretation, if the meaning of the terms and conditions is not clear, such as the objective multiple interpretations and their respective interpretations are reasonable, it shall be interpreted in favor of customers.

However, it is fair, reasonable and reasonable in consideration of the purpose and purpose of the terms and conditions, and the possibility of average customers.

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