전송,선로설비 이용료 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable to recognition: Fact that no dispute exists, the purport of the whole pleadings);
A. The Plaintiff is a CATV broadcasting business operator who has obtained a license for a CATV broadcasting business under the Broadcasting Act (Article 2 subparagraph 3 (b) of the Broadcasting Act). The Defendants are terrestrial broadcasting business operators that obtained a license from the Korea Communications Commission under the Broadcasting Act (Article 2 subparagraph 3 (a)
B. The Plaintiff received each terrestrial broadcast signal sent by the Defendants and re-transmission to subscribers.
(hereinafter “Re-transmission of this case”). 2. Determination on the Plaintiff’s assertion
A. The Defendants, who are the Plaintiff terrestrial broadcasting business operators, one of the gists of the parties’ assertion, reduced the investment cost of the transmission equipment to resolve difficulties in viewing the instant case following the re-transmission of the Plaintiff, which is a CATV broadcasting business operator, but could secure enormous advertising profits due to the expansion
In addition, broadcasting-related government agencies have continuously encouraged to make investments in facilities such as the transmission and line network to CATV broadcasting business operators in order to guarantee the universal viewing right of the people for terrestrial broadcasts, and the plaintiff continues to operate facilities necessary for the re-transmission of terrestrial broadcasts, notwithstanding the fact that the financial structure of the plaintiff is poor.
As a result, the Defendants are obliged to return the above profits earned from the Plaintiff’s facilities to the Plaintiff as unjust enrichment, since they obtained enormous advertising profits by transmitting terrestrial broadcasts using the facilities, such as transmission lines, etc. installed by the Plaintiff without any legal grounds.
On the other hand, the reason why the Plaintiff did not request the Defendants to pay the aforementioned unjust enrichment is that the Defendants did not request the Plaintiff to pay for the re-transmission of terrestrial broadcasts, but the Plaintiff did not request the Defendants to pay the fees for the use of facilities, such as transmission lines and network.