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(영문) 서울중앙지방법원 2016.07.21 2015가합570624

불법행위로 인한 손해배상 등

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1. The defendant is the Korean Broadcasting System and the cultural broadcasting company, each of which is KRW 30,00,000 and the plaintiff corporation.

Reasons

1. The Plaintiff’s Korea Broadcasting System (hereinafter “Plaintiff’s cultural broadcast”) is a broadcasting business operator whose primary purpose is to broadcast the broadcast program indicated in the attached Table 1, the Plaintiff’s cultural broadcast program indicated in the attached Table 2, and the Plaintiff’s SBS (hereinafter “Plaintiff SS”)’s respective copyright holders of the broadcast program as indicated in the attached Table 3, and has the right to online reproduction, transmission, broadcasting, and simultaneous relay broadcasting, etc., which are author’s property rights.

(1) The Plaintiff’s work is distributed and sold directly or indirectly the Plaintiff’s work on June 30, 2012, and the profits therefrom are allocated to Plaintiff SPS’s work on an online and offline by concluding an agreement with Plaintiff SPS. (hereinafter “Plaintiff SPP”) to the effect that the Plaintiff’s work on June 30, 2012 is distributed and sold, and that the profits therefrom are allocated according to the agreed ratio with Plaintiff SS.

In using the trade name of “B” as a personal entrepreneur, the Defendant advertised and sold to unspecified multiple buyers digital saw-to-be equipment (hereinafter “instant equipment”) in the name of “D” from the beginning of 2014 to April 21, 2014 through “C”, a website it operates.

When the instant devices are linked to TV, etc., the following is shown on the screen: (a) if the buyers of the instant devices run the pertinent app, they can view the Plaintiffs’ broadcast works in real time or at the time and place they wanted without obtaining the Plaintiffs’ consent or permission for use thereof; or (b) VOD services (main video services and vides).