1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is a CATV broadcasting business operator who obtained permission from the Korea Communications Commission under the Broadcasting Act (see Article 2 subparagraph 3 (b) of the Broadcasting Act) and sells digital cable broadcasting products including terrestrial broadcasting signals sent by the Plaintiff to the subscribers, with its broadcast area as its broadcast area of D, E, E, F, G, H, H, I, I, and J-Gun among C areas.

The defendant is a district terrestrial broadcasting business operator (one-person regional broadcasting business operator) that broadcasts K's terrestrial broadcasting in real time via broadcasting channels permitted by the Korea Communications Commission with broadcasting channels in accordance with the agreement with K Co., Ltd. (hereinafter referred to as "K"), which is a terrestrial broadcasting business operator, or broadcasting programs produced by himself/herself or herself.

The parties' business attitudes and the Defendant broadcast video works provided by K during the time period (so-called network time) set in accordance with the Convention with K Co., Ltd. (hereinafter referred to as the "K") at the Do, E, etc., and the Defendant broadcast the broadcast works of TV including the program with copyright by its own production, etc. during the outside time period.

The Plaintiff received the terrestrial broadcasts of K video works and TV broadcast works sent by the Defendant to its broadcast area, and simultaneously re-transmits them to its subscribers through its cable network.

Since the introduction of the Cable Broadcasting Receipt Management Act on August 24, 1961, for the purpose of resolving difficulties in viewing TV broadcasts and ensuring the quality of terrestrial broadcasts, CATV relay broadcasting business operators have received terrestrial broadcasts and re-transmission them simultaneously with subscribers.

As the Composite Cable Broadcasting Act was enacted on December 31, 1991 and the composite cable broadcasting was introduced, Article 27(1) of the former Composite Cable Broadcasting Act (amended by Act No. 6139, Mar. 13, 200) and Article 26(1) of the Enforcement Decree of the same Act shall apply.