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(영문) 서울동부지방법원 2020.01.30 2019가합102299
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. From June 4, 2018, the Defendant is a company that provides multi-user online roll-to-be games (MORPG) through F and G appsto-to-date games (MORPG) from June 4, 2018, the mobile game “H” (hereinafter “H”) is a company that provides the game of this case.

B. The Plaintiffs were users using the instant game service, and paid KRW 60,060,80 to purchase I, which is a currency within the instant game; KRW 194,063,100 to Plaintiff B; KRW 61,457,737 to Plaintiff C; and KRW 69,180,80 to Plaintiff D through each F app.

(hereinafter referred to as “instant purchase agreement”). [The grounds for recognition: the absence of dispute, Gap evidence 1, and Eul evidence 4 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Summary of the plaintiffs' assertion

A. (1) The Plaintiffs entered into the instant purchase agreement with the expectation that a low-level character will take in the instant game with a low-level character when the capacity value of the character increases by wearing a fee item. However, if the character of a low-level unit is not taken in against the low-level character despite the high-level ability value by wearing a fee item, it would result in a motive mistake. Such mistake is deemed to be an error of motive or mistake of motive caused by the other party to the transaction. Thus, the Plaintiffs are revoked the instant purchase agreement on the ground of mistake.

(2) The defendant bears the duty of the user who purchased an item for pay to the plaintiffs to be superior to that of the user who does not so. The defendant failed to maintain the ballast of the game of this case, and the plaintiffs who purchased the fee item did not have the effect of the game corresponding to that of the fee, and neglected the users who use the illegal cro program (hereinafter referred to as "croke") as they are, thereby neglecting it to the plaintiffs.

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