Plaintiff 1 and one other (Attorney Park Jin-sik, Counsel for the plaintiff-appellant)

UNCFT Co., Ltd. (Law Firm Mapsung, Attorney Choi Su-jin, Counsel for the defendant-appellant)

December 11, 2008

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The defendant,

A. As of March 22, 2008, on Plaintiff 1’s account ○○○, and terms and conditions

B. On February 27, 2008, Plaintiff 2’s account for the dedicated deposit

Each permanent suspension of use shall be cancelled;

2. The defendant shall pay to the plaintiffs 5,00,000 won each of the above amounts and 20% interest per annum from March 22, 2008 to the service date of a copy of each complaint of this case from February 27, 2008 to the service date of a copy of each complaint of this case from February 27, 2008 to the service date of a copy of each complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. The defendant's status

The defendant is a company that provides the Internet game Ⅰ (hereinafter referred to as the "instant game") service, which is a multi-user online roller Plaing GG, on the website of www.lineage.co.kr., multi-user online roller Plaing Gme.

B. Contents of the instant game

The game of this case is used in such a way as to create a single virtual society by enhancing the experience value of character or by acquiring a new item through a test, combat, etc. while cooperating or competing with the character of other game users through a virtual "Character" selected within the account opened by the user (for identification of the user and the game use by the user, selected by the user, and the combination of the letters and numbers that the defendant grants). The game of this case is used in a way that one virtual society is created by itself, such as raising the experience value of character through a test, combat, etc., or creating a virtual community with other characters. The character of the game user is "rax business" through the above virtual life, and its ability is assessed depending on how much the character acquires an item such as "weapon business", "defense", and "Minari".

C. Measures to suspend the plaintiffs' status and the defendant's account permanently

(1) The Plaintiff 1 consented to the terms and conditions which include the content that the Defendant would pay a certain fee for the use of the game service of this case, and opened an account for the use of the game of this case with the Defendant, thereby entering into a contract for the use of the game of this case with the Defendant, and used the game of this case through each account such as ○○○, ○○, △△, △△, △△△, and △△△.

그런데 피고는 2008. 3. 14. 원고 1의 위 ‘ ☆☆☆’, ‘ △△△’ 계정에 대하여, 2008. 2. 21. ‘ ◆◆◆’ 계정에 대하여 위 원고가 'BOT'라고 불리는 프로그램('BOT'는 ‘Robot’의 줄임말로 인터넷 사용자의 일정한 행위를 프로그램화하여 자동적으로 수행해 주는 프로그램을 의미한다) 중 아래 마.항에 기재한 자동사냥프로그램을 사용하였다는 이유로 각 계정을 영구적으로 사용할 수 없도록 하는 계정영구이용중지조치를 하였고, 2008. 3. 22. 원고 1이 보유한 3개 이상의 계정이 위와 같이 영구이용중지조치를 받았다는 이유로 원고의 나머지 계정인 ' ○○○', ' □□□' 계정에 관하여도 영구이용중지조치를 하였다(이하 위 두 계정을 ‘이 사건 제1계정’이라고 한다).

⑵ 원고 2도 위와 같은 방법으로 피고와 사이에 이 사건 게임 이용계약을 체결하고, ‘ ▲▲▲’, ' ●●●'. ' ▽▽▽', ' ■■■', ‘ ◎◎◎’이라는 각 계정을 만들어 이 사건 게임을 이용해왔다.

그런데 피고는 2002. 3. 22. 캐릭터 현금거래 등을 이유로 원고 2의 ' ▲▲▲' 계정을, BOT 프로그램 중 자동사냥프로그램을 사용하였다는 이유로 2007. 7. 6. ‘ ●●●’ 계정 및 2008. 2. 15. ‘ ▼▼▼'와 ' ★★★' 계정에 관하여 각 영구이용중지조치를 취하였고, 나아가 2008. 2. 27. 위 원고가 보유한 나머지 계정인 ‘ ◎◎◎’ 계정에 관하여도 3개 이상의 계정이 위와 같이 제재조치를 받았다는 이유로 영구이용중지조치를 하였다(이하 위 ‘ ◎◎◎’ 계정을 ‘이 사건 제2계정’이라고 한다).

D. Terms and Conditions of the game of this case and the defendant's operational policy

(i) Terms and Conditions (amended on August 1, 2007)

Article 2 (Effect and Alteration of Terms and Conditions)

① The terms and conditions stipulate the terms and conditions online on the website, which is inevitable in the nature of a contract to use Internet game services, and are effective upon the user’s consent to the terms and conditions.

② The Defendant may modify the terms and conditions of the modified terms and conditions, and the modified terms and conditions shall be publicly notified to the users and shall take effect on the applicable date through public notice on the service website or public notice in Dan game for seven days before the date of application of the modified terms and conditions.

3. A user has the right not to consent to the amended terms and conditions, and if the user does not consent to the amended terms and conditions, he/she may suspend and withdraw from the service use, and in such cases, the user fees shall be refunded in accordance with Article 20: Provided, That if the user does not express his/her intent to reject to the company within 15 days from the date of application of the amended terms and conditions as notified separately by the method, etc. in accordance with paragraph (2), it shall be deemed that

Article 14 (Duties of Users)

(10) A user shall not use the services provided by the defendant for any purpose other than the original purpose of use of the services, such as game or entertainment, or conduct falling under any of the following subparagraphs, and the defendant may take appropriate measures, such as suspension of use of the services, restriction on the use of the services, such as deletion of the account, and accusation against the investigation agency, in accordance with the operating policies of each game separately announced by the defendant, if the user commits

10. Using, distributing, or encouraging the use of, software or hardware developed or distributed by himself/herself or a third party, which is related to a service or is involved in contents of a game within a service, or which is involved without authority in the service;

Article 17 (Restriction on Use of Services)

2. If a user becomes a user's duty provision, the company may impose restrictions on the user's use of the account and the use of additional services.

Article 18 (Suspension of Use of Services or Termination of Contracts)

5. If a user violates the obligations of the user under Article 14, the company may terminate the service contract after prior notice to the user or suspend the use of the service for a specified period: Provided, That the user may raise an objection on the user’s license, cyber customer center and/or Nuri service website or cyber customer license in the event that the user violates the obligations of the user under Article 14(3), (4), (7), (8), (9), (10), (11), (12), and (13) of the terms and conditions, or if the user intentionally or by gross negligence causes damage to the company, the company may terminate the service contract without prior notice or suspend the use of the service for a specified period. The user may verify the principles of operation of the game, the user’s obligations, and other restrictive measures. The company may raise an objection on the Internet game’s license, the cyber customer center and/or cyber customer license.

Article 19 (Indemnification)

1. A company shall extend the hours of use equivalent to three times the hours of suspension or disability of services in a fixed account, limited to a fixed account, if services are suspended or disability occurs consecutively for at least four hours a day due to a cause attributable to the company, other than force majeure, and no user shall file a separate claim against the defendant for damages.

See The defendant, in addition to the above terms and conditions, has set up the standards for imposing sanctions on the users' acts in accordance with the following internal regulations. The above operational policies have no separate consent from the persons who concluded the game service contract of this case, but have a link capable of verifying the above operational policies on the initial screen of the game homepage of this case.

○ Operating Policy

1. Basic principles;

1. 1The 1 Operational Policies are the internal regulations of the company setting the general principles of operation, such as sanctions for breach of the obligations of users set out in the terms and conditions, in order to ensure the smooth and stable operation of the company and to cope with the problems that may arise within the service in a consistent manner. These operational policies contain the standards of customer services provided by the company and the contents that should be observed while using the service of customers.

1. 2 Operating Policies are based on terms and conditions and have been prepared to protect the rights of other customers to maintain order in the game. If the operating policies are not complied with, they may be carefully read to be disadvantaged.

3. 4 GM (Gmemeer) may take such measures as may be provided for in the operational policy with respect to any customer or customer group that has violated the operational policy.

4. Customer promise;

1. When many customers use the service, the right of other customers to enjoy shall also be respected. The following content shall be observed with a thickness of customer minutes:

- It shall not use any external software and hardware (such as a one-time automatic match program) that repeats certain actions without any additional manipulation.

9. 1 The item / character / Account cash/spot transaction is an act that seriously undermines game character. It is prohibited within the service because it is also an act that causes broad damage to a large number of customers who are corrected.

12. The policy on restrictions on use;

본문내 포함된 표 구분 상세설명 및 특이사항 1차 2차 3차 대상 기간 대상 기간 대상 기간 BOT - 자동사냥 프로그램 등 악성 불법 소프트웨어/하드웨어를 사용하여 게임 내용에 영향을 주는 행위가 명백하게 확인되는 경우 통합계정 영구 ？ ？ ？ ？ - 위 사유의 환경을 조성, 제공 및 이를 이용하여 습득된 아이템을 획득하거나 이동에 관여한 행위가 확인되는 경우 - 자동 프로그램 등 불법 소프트웨어/하드웨어를 사용하여 게임 내용에 영향을 주는 행위가 확인되는 경우(힐/버프 등 이로운 마법 지원의 경우를 포함함) 게임계정 경고 통합계정 10일 통합계정 영구 BOT 외 불법프로그램사용 - 스피드핵, 스킨 변경 등의 불법 프로그램 게임계정 10일 게임계정 영구 ？ ？

13. If three or more accounts held by a user are subject to sanctions, the company may take sanctions against all accounts held by the user and the user may be subject to restrictions on the subscription to the company's services.

E. The BOT program used in the instant game is classified as follows:

(i)Std Nuclear Program

Where a game user enters an order by using a Mas or keyboard, he/she will increase the operating speed of the game character.

⑵ 고스트마우스 프로그램(일명 쫄쫄이 프로그램)

Game character is dead without supplementing the life value of HP (Health Point). As a result, game users frequently issue a special order to character and supplement it. The program provides that even if the character does not issue a special order to character, it is possible to conduct a match without doubt about the life value by automatically supplementing energy.

【Automatic Games Program

Even if the user does not issue an order by the method of operating Mas or keyboard, it is a program that 24 hours can be continuously matched a day by automatically selecting a Montreal master, selecting a method of attack, taking water in accordance with the physical strength index.

[Reasons for Recognition: Evidence No. 1, 8, 9, Evidence No. 15-1, 2, Evidence No. 16, and the purport of the whole pleadings]

2. The plaintiffs' assertion

The defendant took measures to suspend the use of the automatic match program (hereinafter referred to as "Automatic match program") in a lump sum only on the ground that the plaintiff used the automatic match program among the BOT programs through other accounts owned by the plaintiffs. This does not have any ground under the terms and conditions, and even if the defendant took a disciplinary measure based on the operation policy, the operation policy of the game of this case only provides a flexible provision on various violations, such as the use of the automatic match program, and the plaintiffs cannot be incorporated into the contents of the game use contract of this case as they did not consent to the operation policy of this case. Even if the terms and conditions and the operation policy of this case become the basis for the sanction of this case, the above terms and conditions and the operation policy of this

As such, the Defendant’s measure of suspending the use of each of the instant accounts without any contractual basis constitutes nonperformance of obligation or tort. Accordingly, the Plaintiffs cannot use the instant game, as well as the Plaintiffs suffered emotional distress due to the deprivation of character having a sense to be identical with the children in the real world while running Belgium business through considerable time and effort in the instant game. The Defendant is obliged to cancel each of the above measures and pay consolation money to the Plaintiffs.

3. Determination

A. First, we examine whether the Defendant’s measures to permanently use each of the instant accounts are based on the terms and conditions.

However, according to the provisions of Articles 14, 17, and 18 of the Terms and Conditions as seen earlier, the Defendant prohibited users from using “the program involved in the contents of the game (such as hunting in the game)” such as the automatic hunting program, and may terminate the service contract without prior notice in the event of the violation. The Defendant may take measures against these users’ obligations and violations, which the Defendant separately announced, pursuant to the operation policy of the game, and users may confirm the operating policy of the game on the service website and raise an objection to the obligations or sanctions. In addition, Article 4 of the Defendant’s operational policy provides that even if only one time uses BOT program such as the automatic match program, the use may be suspended permanently against the account, and if three or more accounts owned by the users are subject to sanctions, the Defendant may take measures against all accounts owned by the users concerned.

그런데 원고 1이 ‘ ☆☆☆’, ‘ △△△’, ‘ ◆◆◆’ 계정을 통하여, 원고 2가 ‘ ●●●’, ‘ ▼▼▼', ' ★★★' 계정을 통하여 각 자동사냥 프로그램을 사용한 사실은 당사자들 사이에 다툼이 없고, 이에 피고가 위 각 계정에 대하여 영구이용중지조치를 한 사실은 앞서 본 바와 같은바, 그렇다면 피고는 약관 제14조, 제17조, 제18조 및 운영정책 제4조에 근거하여 원고들이 보유한 3개 이상의 계정이 제재조치를 받았다는 이유로 원고들이 보유한 다른 계정인 이 사건 각 계정에 대하여도 별도의 최고 없이 계약을 해지하는 취지의 계정영구이용중지조치를 할 수 있다고 할 것이다.

Since the plaintiffs asserted that the management policy cannot be used as the basis for the instant sanctions since they did not agree to the management policy, this part of the plaintiffs' assertion is without merit (the operation policy is defined as part of the contents of the terms and conditions, and the operation policy is publicly announced, and the operation policy is a legitimate part of the terms and conditions, if they did not raise an objection within 15 days from the date of application of the amended terms and conditions pursuant to Article 2 of the above terms and conditions, even if they did not express their intention of consent to the management policy, they agree to the modification of the terms and conditions, and the plaintiffs agree to the fact that the management policy of this case can be the basis for the instant sanctions, such as restrictions on the use of services, etc., even after the application of the amended terms and conditions. Therefore, this part of the plaintiffs' assertion is without merit (the operation policy is defined as part of the terms and conditions, and the operation policy is publicly announced, and the contents of the operation policy is not particularly unreasonable).

B. Next, we examine whether the above terms and conditions and operational policies are invalid as unfair terms and conditions, which were made to take sanctions against each of the instant accounts that were not used in the automatic match program on the ground that other accounts owned by the plaintiffs were subjected to sanctions against the plaintiffs.

6) The case holding that the defendant's use of the game of this case can not be seen as an obstacle to the normal operation and protection of users of the game of this case and the defendant's use of the game of this case, because it is against the rules of evidence Nos. 1 through 6, 13, and 14 that the purpose of the whole oral argument is recognized as follows: ① The automatic hunting program of this case depends on the user's net judgment and manipulation; ② it is against the normal operation and protection of users of the game of this case; ② the users using the automatic hunting program of this case can not be seen as being used only for the purpose of using the game of this case, not for the use of the game of this case; ③ The use of the program of this case, which is not for the use of the game of this case but for the use of the program of this case, because it is difficult for the users to unilaterally and repeatedly use the program of this case without any reasonable restriction on the user's use of the program of this case.

C. Thus, the defendant's sanctions against each of the accounts of this case under the game service contract of this case cannot be viewed as a default or tort, and the plaintiffs' assertion on this premise is without merit without further review.

4. Conclusion

Therefore, all of the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Yong-seok (Presiding Judge) and Kim Ho-ho