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(영문) 서울중앙지방법원 2020.07.23 2017가합538129
원상회복 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant is a distribution company of "B" (hereinafter "the game of this case"), which is a multi-level connection game for the portable communication device launched on December 14, 2016, and the plaintiffs are users of the game of this case.

The Plaintiffs were provided free of charge with the instant game service by concluding a contract to use the instant game (hereinafter “instant game use contract”) under the Defendant’s mobile service terms and conditions (hereinafter “instant terms and conditions”).

Accordingly, the plaintiffs created virtual character in the game of this case and developed their character through the test, match, performance of duties, etc. while cooperating or competing with other users' character in cooperation with the character in the game of this case, and acquired various equipment and money (C) used in the game of this case.

In addition, the Plaintiffs entered into a contract with the Defendant to use special equipment, content, etc. used in the instant game for a fee (hereinafter “instant item purchase contract”) and paid the amount indicated in the attached Table in return for the provision of the relevant item use service from the Defendant.

[Ground of recognition] without any dispute, Gap evidence Nos. 1, 5 through 142 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2, and Eul evidence Nos. 2, and the ground of claim as to the whole purport of the pleadings, the defendant alleged by the defendant that caused the plaintiffs to input a large amount of money for the purchase of the game of this case, thereby encouraging speculation, but did not take a minimum protective measure such as restricting the settlement amount. Since the plaintiffs who are in the position of the weak were taking a large amount of money by using old-age, rash orless experience, the purchase contract of the item of this case is null and void as a juristic act contrary to social order or unfair, and therefore the defendant must return the purchase price of the item paid by the plaintiffs as unjust enrichment.

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