확률형 아이템 정보 오표시와 손해의 발생, 법정추인과 부당이득반환의 문제 - 일본 도쿄지방재판소 판결의 소개와 시사점 -

Probabilistic items are known to play a crucial role in the profit of the domestic game industry. However, since these items are structured as a form of lottery, and there is an information asymmetry between buyers and sellers, they have been a source of continuous controversy, with further disputes anticipated in the future. Accordingly, this article introduces a judgment from the Tokyo District Court dated November 19, 2021 (Reiwa 3), Case No. 31741 (2020), concerning probabilistic items. The discussion focuses on the implications that can be drawn from the case. The case addressed several legal issues, including (1) whether the defendant bears liability for damages related to probabilistic items, (2) whether the defendant is liable for unjust enrichment regarding probabilistic items, and (3) whether the defendant is liable for damages related to injunction applications. This case is particularly notable because it directly examined whether receiving the item outcomes from a lucky draw—despite discrepancies from the advertised probabilities—constitutes judicial ratification, a subject rarely addressed in court decisions. Moreover, the decision raises important considerations in determining whether damage occurred due to the misrepresentation of probabilities. In particular, it highlights the need to clearly identify: the types and quantities of sub-items that appear when probabilistic items are opened, the probability distribution of these sub-items, the sub-items affected by the misrepresentation, the objective value of sub-items that either did not appear or appeared with a lower frequency than advertised due to the misrepresentation. In addition, issues such as the scope of actual benefits retained, the parties responsible for restitution, and the method and feasibility of returning the original item were examined in relation to unjust enrichment upon cancellation of the game item purchase contract.