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(영문) 대전지방법원 2021.01.20 2019가단4783
손해배상(기)
Text

1. The Defendant: (a) KRW 33 million and its interest to the Plaintiff, 5% per annum from September 26, 2018 to April 12, 2019; and (b) from the next day.

Reasons

1. Determination as to the cause of claim

A. According to the respective descriptions and the purport of the whole pleadings as to Gap evidence Nos. 1 through 5 (including branch numbers), the defendant, around 10:00 on September 26, 2018, can recognize the fact that the defendant obtained property benefits by inputting the information without authority into the information processing device, such as computer, by receiving a certification number by using the mobile phone numbers of the E, which was entered in the plaintiff's account as to "D", which is the plaintiff's account, and accessing the account using the certification number, and arbitrarily changing the password, after arbitrarily changing the password, by moving the game items of the amount equivalent to 33 million won at the market price of the plaintiff's own account to the defendant's account.

B. According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 33 million won and 5% per annum prescribed by the Civil Act from September 26, 2018 (the date of illegal act) to April 12, 2019 (the service of a duplicate of complaint), and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment (the plaintiff's account was returned to the plaintiff's C Game and the defendant's assertion that the transaction of game items was not permitted and the damage to the plaintiff was not incurred to the plaintiff). 2. The conclusion of the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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