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(영문) 서울고등법원 2016.11.24 2015나2049789

손해배상(지)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to each of the plaintiffs KRW 200,000,000.

Reasons

1. Each description of evidence 【Evidence】 Evidence Nos. 1 through 9, 26, 53, 55, 64, and Eul’s evidence Nos. 6, 8, and 12 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings;

A. (1) The Plaintiff Korea Broadcasting System (hereinafter “Plaintiff KBS”);

) The broadcasting company is a national key broadcasting company established under Article 43 of the Broadcasting Act, and is the Plaintiff’s cultural broadcasting company (hereinafter “Plaintiff MBC”).

(2) Plaintiff SBS Co., Ltd. (hereinafter “Plaintiff SBS”).

The purpose of each broadcasting business and cultural service business is terrestrial broadcasting business entities established under Article 2 subparag. 3(a) and Article 9(1) of the Broadcasting Act. (2) The Defendant also is a general program provider established under Article 2 subparag. 3(d) and Article 9(5) of the Broadcasting Act for the purpose of broadcasting business, etc.

B. On March 7, 2014, the Plaintiffs organized a joint forecast investigation committee for broadcasting companies on March 7, 2014, and conducted a six-time nationwide local election (hereinafter “instant election”) that will take place on June 4, 2014 (hereinafter “instant election”).

A) The agreement was reached to jointly implement the “predictatory survey” for the ballot-counting broadcasting (hereinafter “instant agreement”).

The main contents are as follows: - The plaintiffs conduct a joint survey on the prediction of the candidate for the 6th nationwide local election to enhance the accuracy and efficiency of the prediction of election broadcast (Article 1). - The forecast and inspection on the winner (hereinafter “predicting and inspection”) refers to a general survey on the prediction of the winner for the ballot counting of the above election (Article 2) (Article 2). - For forecast and inspection, the plaintiffs shall form a joint prediction and inspection committee centered on the “KP and Elol” established and operated in the Korea Broadcasting Association (Article 3. - the Joint Audit Committee for the 2014 Local Election Broadcasting Companies) established and operated in the Korea Broadcasting Association.