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(영문) 서울중앙지방법원 2018.11.26 2018가단5024137
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the representative of a company operating the Internet site called "C", and the defendant is a company operating communications business, etc.

B. Around 2010, the Plaintiff used the D Services provided by the Defendant (hereinafter “instant Services”), and entered into a traffic-based system use line contract with the Defendant [the traffic passing through the pertinent line without any additional claim within the standard scope (100MPs) and the amount of use is paid in a monthly fixed amount], and then received and used the aforementioned Services from the Defendant.

C. On October 2012, the Plaintiff entered into a server protocol contract with the Defendant (if the server was opened through this protocol, the call fee of 1Gbps per server is KRW 0, and the traffic used via the circuit can be used without any additional claim within the scope of 1Gbps; hereinafter referred to as the “each of the instant contracts” in this contract, and accordingly, opened and used the server.

On July 7, 2017, the Defendant notified the Plaintiff that the service provider was changed to E as of July 8, 2017 according to the instant contract for the business takeover of the Defendant and the E Co., Ltd. (hereinafter referred to as “E”), the Plaintiff’s personal information owned by the Defendant is also transferred to E, and the contractual relationship with the Plaintiff is also transferred to E from July 8, 2017.

In this regard, according to Article 2 subparagraph 5 of the Terms and Conditions stipulating the terms and conditions of use of the instant service, “if a company intends to transfer a contractual relationship under this Terms and Conditions by means of transfer of business, etc., it shall be individually notified to its members, and if it continues to use the service without raising an objection for 30 days, it shall be deemed that the company

E. Since then, E is an e-mail to the Plaintiff on July 12, 2017.

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