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(영문) 서울중앙지방법원 2016.01.13 2014가합567058

손해배상(지)

Text

1. The Plaintiff; Defendant B Co., Ltd.; Defendant C Co., Ltd.; Defendant C Co., Ltd.: KRW 160,305,119; and Defendant D Co., Ltd..

Reasons

1. Facts of recognition;

A. The Plaintiff is a terrestrial broadcasting business entity permitted by the Korea Communications Commission pursuant to the Broadcasting Act (Article 2 subparag. 3 (a) of the Broadcasting Act) and is its broadcast area. 2) Each Nonparty indicated in the “Plaintiff/Out-of-the-counter CATV broadcasting business entity” in attached Form 1 “broadcasting area” is an affiliated company of the Plaintiff’s regional group, and is a terrestrial broadcasting business entity whose broadcast area indicated in each of the “broadcasting area” is indicated in attached Table 1, and is a terrestrial broadcasting business entity whose broadcast area is indicated in each of the “broadcasting area” as its broadcast area, and the Plaintiff’s terrestrial broadcasting service provider permitted by the Korea Communications Commission in each broadcast area is re-transmitting the Plaintiff’s terrestrial broadcasting in real time, or broadcasting the program produced directly

3) The Defendants are CATV broadcasting business operators licensed for a CATV broadcasting business by the Korea Communications Commission under the Broadcasting Act (Article 2 subparag. 3 (b) of the Broadcasting Act, and “SO”

(B) As one of the Defendants, each of the instant “broadcasting Area” in Attachment 1 of the respective “CATV Broadcasting Business Operators by broadcasting zone” is selling digital cable broadcasting products, including terrestrial broadcasting signals sent by the Plaintiff and each Nonparty to its broadcast zone. The Defendants’ CATV broadcasting business type Defendants received terrestrial broadcasting signals sent by the Plaintiff and each Nonparty to their broadcast zone (hereinafter “the instant broadcast signals”) and re-transmit the said broadcast signals to real-time subscribers via their cable networks (hereinafter “re-transmission”).

In addition, the adjacent channels of terrestrial broadcasting channels include home shopping channels and provide various broadcasting channels according to the type of products.

C. The Plaintiff and the Nonparty between the Plaintiff and the Nonparty are the Defendants on August 27, 2014.