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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company providing Internet game service (hereinafter "the game of this case") called "the wind country", which is multi-user online roller Plaing GG at the web site (www.aam.com). The plaintiff entered into a contract to use the game of this case with the defendant for the use of the game of this case and set up a ID recorded in the attached list, and then created the characters listed in the same list and used the game of this case.
B. The contents and the unit method 1 of the game of this case are the game of this case where the game of this case in cooperation or competition with the character of other users by the character of the defendant's own choice within the game of this case, which belongs to the virtual space set by the defendant, and the character of this case is cultivated by the character of this case, such as raising the experience of the character through a test, combat, match, etc. or acquiring a new item. 2) Examining the operation method of the game of this case, the computer of the defendant's server has a virtual environment operated by the "Sber Program", and each game user connects the above server program by carrying out the "Sber Program" at his own computer, and as a result, the individual game user becomes a game in the virtual space through the game of this case.
C. The Defendant’s terms and conditions of use and the operating policy of the game of this case consented to the Defendant’s terms and conditions of use (hereinafter “instant terms and conditions”) while entering into a contract for the use of the game of this case with the Defendant, and the Defendant has set up an operational policy of the instant game (hereinafter “instant operational policy”) in accordance with internal regulations.
The main contents of the terms and conditions and operation policies of this case are as follows.
1) Article 22 of the Terms and Conditions of the instant case (Restriction on Use of Services and Termination of Contracts) (3) Members are as follows: