게임 아이템 구매 계약에서의 해제권 행사 가능성

Abstract

Game item purchase contracts are very important in the sales of the game industry, and unlike in the past, it is often difficult to simply dismiss the purchase amount of game users as a small amount. Nevertheless, in legal disputes related to game item purchase contracts, the remedy for game users, such as the right of rescission, was not dealt with in-depth in judgments. In the text, the right of rescission can be a realistically meaningful remedy for buyers in game item purchase contracts, and the grounds for the right to release the court were specifically reviewed. Claims for damages can be an effective means of transferring damage to game users in game item purchase contracts, but currently, the user's rights relief may be insufficient due to the lack of standards for accurately calculating the exact property value and profit in use of game items. In addition, the right to withdraw under the Electronic Commerce Act Act may not be an appropriate remedy for game items where defects are often found after a considerable period of time due to a short exercise period. Although the security liability can be considered as the basis for canceling the game item purchase contract, it is difficult to regard the game item as subject to Article 580 of the Civil Code, so the basis for recognizing the right to terminate the court could be the non-performance of contract obligation(incomplete performance). However, a separate review is required whether the right to cancel can be recognized in a contract to purchase game items that seems to have the nature of a continuous agreement. Game item purchase contracts have the nature of continuous agreements, but buyers do not bear additional obligations if the benefits are made once, while game companies have the specificity of continuing to provide item services and maintain the environment, and accordingly, it is more desirable to recognize the right to cancel than the right of rescission.