logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.15 2016가단5091058
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”).

) The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) and the Intervenor joining the Defendant

(C) On July 9, 2014, the term “instant partnership agreement” (hereinafter referred to as “instant partnership agreement”).

(2) On July 9, 2014, the Plaintiff Company entered into an insurance contract on the performance guarantee (hereinafter “instant insurance contract”) with the Defendant for the purpose of guaranteeing the settlement of accounts and payment of fees to the Intervenor as the insured, and at the same time, the Plaintiff Company jointly and severally guaranteed the Plaintiff Company’s obligation to the Defendant based on the instant insurance contract. The Plaintiff Company jointly and severally guaranteed the Plaintiff Company’s obligation to the Defendant based on the instant insurance contract, with a view to guaranteeing the settlement of accounts to the Intervenor based on the instant partnership agreement and payment of fees to the Intervenor.

B. On April 2015, the occurrence of an insurance accident and the payment of insurance money occurred. On the part of the Plaintiff Company’s server, the Plaintiff: (a) caused A points by hacking from the Plaintiff Company’s server through hacking; and (b) requested for conversion of the same into OK Capital Points; and (c) used the Plaintiff Company to purchase cultural and piracy gift certificates; (d) the Plaintiff is KRW 41,266,875 when calculating the settlement amount to be paid by the Plaintiff Company to the Intervenor as a result of the above point conversion according to the formula stipulated in the instant alliance agreement, the Intervenor claimed direct insurance payment against the Defendant as stipulated in the instant insurance contract; and (b) the Defendant paid KRW 10 million to the Intervenor on December 29, 2015.

[Ground of Recognition] Unsatisfy, Gap 1 through 6, 9, and Eul 1.

arrow