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(영문) 서울중앙지방법원 2020.07.08 2019나7258
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. The Defendant is a telecommunications business operator under the Telecommunications Business Act and a provider of information and communications services under the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Information and Communications Network Act”).

The Plaintiffs have entered into a contract for the use of information and communications services with the Defendant, or are currently using information and communications services provided by the Defendant upon entering into such contract.

However, the plaintiff CZ died and thereby the status of Q and R, the plaintiff litigant, took over.

B. A user who entered into a contract for the use of information and communications services with the Defendant must verify information such as telephone numbers, details of use of services, and details of imposition of fees during the use of the Defendant’s service, and provided personal information such as name, resident registration number, address, etc. to the Defendant for the exchange of such information.

Around March 2007, the Defendant planned a “B” system, which is a radio computer business system, in order to register and manage such customer information and impose fees by settling the details of user use. Around February 2008, the Defendant started the development and completed the system around the end of 2009.

(2) The structure of B system is largely divided into: ① B UI’s “Crept” (UI’s term “UI”) composed of BUI’s employees or agents conducted by the Defendant’s computer for business purposes (i.e., a physical and virtual replacement made for the purpose of temporary or permanent access so that they can communicate between the employer and the goods or systems, in particular machinery, computer programs, etc.) and ② “Ler group” carried out by the Defendant’s data center.

In the server composition, the portal server, the AUT server, and the B system users have entered the server.

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