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1. The judgment of the first instance, including the claims extended by this court, shall be modified as follows:
The defendant is against the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s terrestrial broadcasting business is a public corporation established pursuant to the Broadcasting Act, and is a terrestrial broadcasting business operator licensed by the Korea Communications Commission. The Plaintiff is discharged from the Republic of Korea as its broadcast area. (2) The Plaintiff broadcasts by transmitting television video works produced directly or by outsourcing (hereinafter “U video works”) to the public through a transmission tower.
B. Defendant’s CATV broadcasting business 1) The Defendant is a CATV broadcasting business operator licensed for a CATV broadcasting business by the Korea Communications Commission under the Broadcasting Act (Article 2 subparag. 3 (b), hereinafter “SO”).
(2) As a matter of course, the Defendant received the “U Videos sent by the Plaintiff” and simultaneously re-transmits to the subscribers in real time without changing the program through its cable network, with its cable network as its broadcast area.
(3) The Defendant sells or provides multi-channel pay Television goods to subscribers. All goods sold or provided by the Defendant include a channel for simultaneous re-transmission of terrestrial broadcasts as above. The adjacent channels are organized with home shopping channels, and the Defendant is running business with fees, etc. 【Re-transmission of this case’s 【Re-transmission of this case’s case’s 【Re-transmission of this case’s 【Re-transmission of this case’. The Defendant is running business with a business with the fact that there is no dispute between Company A and 3, 5, and 36 (each entry, including each
2. The gist of the Plaintiff’s assertion is not only holding the copyright of the program directly produced and the program produced by outsourcing (in the case of a foreign production program, the copyright was acquired from the external producers) but also holding neighboring rights in the position of the broadcasting business entity.
Therefore, it is true.