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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Fact that there is no dispute over the facts of recognition [based for recognition], Gap evidence 2, 8, Eul evidence 1, and the purport of whole pleadings;
A. The Plaintiff’s status and general status 1) The Plaintiff is an entrepreneur who provides information on items and sells them with consumer subscription in online games operated by himself/herself, and is engaged in the business of selling them upon consumer subscription. The Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”).
(2) The general status of the Plaintiff is as follows.
In the case of the Plaintiff’s general status (based on December 31, 2016, unit: KRW 00,000, number of full-time employees in the capital of major types of business as of the date of establishment of the Plaintiff’s general status (based on December 31, 201) and the number of full-time employees in the development and supply of online and mobile game software on November 17, 201.
B. In the structure and status of the domestic game market in this case, the game in this case refers to play that enjoys using computers, mobile devices, etc., such as online games, mobile games, PC games, and portable games, and does not include hotel casinoss, horse race tracks, etc.
1) The current status of the domestic game market in 2015 increased by approximately KRW 7.5% compared to the previous year. The expansion of the distribution of smart devices and the enhancement of the performance of devices, etc., while the size of the mobile game market increases to a large size, PC games, etc. are growing or declineing every year. As a result of sales in the domestic game market in 2015, online games are 49.2% for online games and 32.5% for mobile games. The ratio of the mobile game was 19.6% for the previous year, but the ratio was 4.7% for online games reduced by 4.7% for the previous year. The size of the domestic game market (unit: KRW 5,452,535,52,542,542, 468, 3648, 296, 2085, 3636.46, 206, 2015.