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(영문) 대전고등법원(청주) 2015.08.18 2014나490

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s acceptance of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for an additional determination under paragraph (2) as to the Plaintiff’s assertion added in the court of first instance, and thus, it is citing it as it is

2. Additional determination

A. According to Article 10(2) of the Plaintiff’s assertion, channel G and H are “exclusive channels for the Plaintiff’s publicity and caption,” and the Defendant violated Article 10(2) of the Convention by using each of the above channels in his home shopping broadcast transmission.

Therefore, the Defendant is liable to pay the Plaintiff the monthly average sales amount of KRW 2,000 per policyholder (2,000 won per policyholder, KRW 7,005, KRW 10,005) and the delay damages amount, which the Defendant received from the Defendant’s return of home shopping broadcasts, as damages for violation of the instant agreement, to the Plaintiff.

B. According to the language, purport, etc. of Article 10 of the Convention prior to the determination, it is evident that the Defendant has the obligation to allow the Defendant to use the channel G and H as an exclusive channel for the Plaintiff’s publicity and caption. However, in the instant case without any evidence to deem that the Defendant did not allow the Defendant to use each of the above channels as an exclusive channel for the Plaintiff’s publicity and caption pursuant to Article 10(2) of the Convention, even though the Plaintiff requested the Defendant to use it as an exclusive channel for the Plaintiff’s publicity and caption pursuant to Article 10(2) of the Convention, it is difficult to readily conclude that the Defendant violated Article 10(2) of the Convention merely because the Defendant used

Therefore, the above argument of the plaintiff is without merit.

3. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.