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(영문) 서울중앙지방법원 2020.02.18 2018가단5142356
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Plaintiff A’s claim

A. Facts of recognition 1) Plaintiff A Co., Ltd. (name before the change: D.; hereafter referred to as “Plaintiff” in this paragraph)

On March 20, 2018, the Defendant used virtual currency (a book recording the details of virtual currency transactions) as a technology to prevent online hacking in need of online transactions, and is used as a security technology for various encryptions, including bitcoin. A platform chain chain (hereinafter “instant chain”).

A) A contract for the use of the block chain platform (software) to grant a license to the Defendant for use and pay the fee to the Defendant was concluded (hereinafter “instant use contract”).

(2) Around April 4, 2018, the Defendant informed the Plaintiff Company’s database (DB) access route from E (F), a server manager on the Plaintiff’s side, and installed the Plaintiff Company’s server on the date of the contract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

B. Determination 1) The plaintiff explained from the defendant that there was no problem of service, such as "for example, more than 10,00 persons who have access to the instant construction" and "for the purpose of the development of the next art interview" with respect to the instant construction, but it was not suitable for the service. Thus, the plaintiff asserts that the contract for the use of the instant construction was cancelled, and sought a return of the price that was paid to the defendant for the restoration to the original state. 2) In the case of compensation for damages due to incomplete performance, the creditor must assert and prove that the debtor is not liable for the non-performance of the obligation, such as ordinary default, and if the default is recognized, the debtor is at his own fault with respect to the default.

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