손해배상(지)
1. The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff) and the plaintiff B.
1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1, evidence No. 4-1 through 3, each entry of evidence No. 1 and evidence No. 1, obvious facts to this court, the purport of the whole pleadings);
A. The Plaintiffs are terrestrial broadcasting business entities permitted by the Korea Communications Commission pursuant to the Broadcasting Act (Article 2 subparag. 3 (a) of the Broadcasting Act); and Plaintiff B is the Seoul Metropolitan Area, and Plaintiff B is Ulsan.
Plaintiff
B is conducting terrestrial broadcasts by forming a nationwide network with terrestrial broadcasting business operators covering each region including Plaintiff A, and Plaintiff A re-transmittings the terrestrial broadcasts of Plaintiff B through its terrestrial channels in Ulsan area in real time, or broadcast programs jointly or independently produced with Plaintiff B.
B. The defendant is a CATV broadcasting business operator who has obtained a license for a CATV broadcasting business pursuant to the Broadcasting Act (Article 2 subparagraph 3 (b) of the Broadcasting Act), and receives and re-transmits the broadcast signals of the terrestrial broadcast transmitted by the plaintiff A to subscribers.
(hereinafter “Re-transmission of this case”)
The above terrestrial broadcasting consists of the part on real-time re-transmission of Plaintiff A’s terrestrial broadcasts (hereinafter “ network program”) and the part on the Plaintiff’s own broadcast (hereinafter “local program”) in accordance with the agreement between Plaintiff A and Plaintiff B, etc.
On the other hand, on November 23, 2009, terrestrial broadcasting business operators including Plaintiff B filed a lawsuit claiming prohibition and prevention of re-transmission of terrestrial broadcasts against terrestrial broadcasting business operators in Seoul, on the ground that the re-transmission of terrestrial broadcasts infringed upon each terrestrial broadcasting business operator’s public transmission right and simultaneous relay broadcasting right.
As a result of the proceedings, the Seoul Central District Court, which is the first instance court, was the Seoul Central District Court on September 8, 2010, and the senior CATV broadcasting business operator from December 18, 2009.