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(영문) 서울중앙지방법원 2014.06.20 2013가합35912
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are persons operating hospitals specializing in surgery of maternity, etc., and the Defendant is the company that runs the business of providing Internet search advertising services.

B. On January 2007, the Plaintiffs entered a specific search language into the Internet portal site where many unspecified Internet users are affiliated with the Defendant, the Defendant entered the portal site’s search results that the Plaintiffs’ website is exposed in the form of a sponsor link, and, if multiple and unspecified Internet users download a link to the Plaintiffs’ website, the Plaintiffs entered into a contract for the advertisement of the CPC (CPC) search service (hereinafter “instant advertising contract”) with the Defendant and made an advertisement under the said contract until December 2012.

C. CPC does not intend to actually visit the relevant website, but rather solely with the malicious intent to impose a fee on the advertiser, where it is difficult to see it as a valid character because it is difficult to expect the effect of advertisement by a kid search because the character takes place, regardless of whether it is in bad faith or not (hereinafter referred to as “illegal character, etc.”), it is general to not impose an advertising fee.

The defendant developed a software that enables the above irregular character to display its own character, etc., such as the "the system for the prevention of character manipulation", and does not impose advertising expenses for the irregular character, etc. selected through it, but discloses the monthly character of the relevant website and monthly advertising expenses to the advertiser through the advertiser's account information system, and raises an objection to the fees imposed by the advertiser.

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