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(영문) 서울동부지방법원 2017.10.25 2017나20922
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The defendant is a business operator who provides roller-mar game services (hereinafter "the game of this case") through the Internet, and the plaintiff is a person who has entered the defendant's website and consented to the terms and conditions of the game use provided by the defendant and uses the above game.

The game of this case is a game that produces and sells goods through various facilities, etc. provided in the game by a user selected by him/her, or is used by the general public with the contents of punishment for twits and combats in the game space.

The Defendant installed the production facility called “factory” at the virtual space of the instant game, and the game users may use it to perform funeral services, such as producing multiple types of items and exchanging them with game money, or to use the producer himself/herself.

If the production facilities in the game of this case are " initialization", an auction is conducted in the game space, and other game users can pay game money and use the production facilities purchased through an auction.

The "satisfination" of production facilities is being carried out when 190 days have passed from the game time without work where a user has not properly carried out work.

The game money is free of charge acquired by game users in the course of using the game.

[Reasons for Recognition] Facts without dispute between the parties, entry of evidence Nos. 1 through 7 in the evidence No. 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff infringed the Plaintiff’s property right by initializing the instant production facilities on the ground that the game user did not use the instant production facilities for 190 days during the game hours without any prior notice, and 60 hours during the pertinent period. Thus, the Defendant’s forfeiture of the goods within the instant production facilities and the said production facilities.

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