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(영문) 서울중앙지방법원 2015.09.04 2014가합534942

불법행위로 인한 손해배상

Text

1. The defendant is the Korean Broadcasting System and the cultural broadcasting company, each of which is KRW 50,00,000, and the plaintiff corporation.

Reasons

1. Facts of recognition;

A. The Plaintiff’s Korea Broadcasting System (hereinafter “Plaintiff’s cultural broadcast”) is a broadcasting business operator whose main purpose is to broadcast programs listed in the attached Table 1 list, the Plaintiff’s cultural broadcast program listed in the attached Table 2, the Plaintiff’s Co., Ltd. (hereinafter “Plaintiff SBS”)’s respective copyright holders of the broadcast program as indicated in the attached Table 3 list, and the Plaintiff’s online reproduction right, transmission right, broadcasting right, simultaneous relay broadcasting right, etc.

(hereinafter the above plaintiffs together referred to as "Plaintiff broadcasting business operators"). B.

Plaintiff

The Plaintiff SPEEB (hereinafter “Plaintiff SPEB”) concluded an agreement on June 30, 2012 that “Plaintiff SPEB shall distribute and sell directly or indirectly Plaintiff SPS’s copyrighted works, and income accrued therefrom shall be apportioned according to the agreed ratio with Plaintiff SPS.” (hereinafter “Plaintiff SPEB”) with the authority to exclusively distribute the Plaintiff SP’s copyrighted works online and offline. (c) The Defendant is a corporation established for the purpose of the system integration service distribution business, information and communications apparatus, and related peripheral devices sales business, etc., and is advertising and selling digital saws equipment (hereinafter “instant equipment”) in the name of “C” to many unspecified buyers. D. When connecting the instant equipment to TV, etc., “D”, “computer program”, “computer application program,” and “MM program,” which are linked to “C” on the screen.

In the event the buyer of the instant apparatus carries the app and executes it, the buyer, without the consent or permission of the creditors, is not subject to restrictions on the time or area of the broadcast and at the time and place they want, and real time or a VOD type video product.