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(영문) 서울중앙지방법원 2018.09.07 2017가합584764
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The parties concerned are news communications business operators registered with the Ministry of Culture, Sports and Tourism around September 2001 under the Act on the Promotion of News Communications (hereinafter “New Communications Act”).

The designated parties D are media companies that publish articles on the I Internet homepage (I).

The defendant is a company in charge of coverage of AC area according to a contract for the entrusted operation of the regional news gathering headquarters concluded with D with the selected person D.

Selection G is the reporter belonging to the defendant.

Selection C is a news agency registered with the Ministry of Culture, Sports and Tourism on July 2014, and a company that publishes articles on the C Internet homepage (H).

The Appointor F is the reporter belonging to the Appointor C.

The Appointed E is a person who was the representative director of J (hereinafter referred to as the “J”) and is the founder, the representative director, and the defendant's auditor.

On July 13, 2007, the dispute between the Plaintiff, J, and Selection E entered into an entrusted operation agreement with K and L Regional Data Collection Headquarters (hereinafter “instant entrusted operation agreement”). K entrusted the operation of L Area Data Collection Headquarters to J, and J operated the Plaintiff’s L Area Data Collection Headquarters by entrusting the operation of the L Area Data Collection Headquarters to the J.

On August 2014, the Plaintiff was acquired by M Co., Ltd. (the representative N, hereinafter “M”).

After that, on February 4, 2015, the Plaintiff sent to K and J notice that the contract for the entrusted operation of K and J headquarters will be terminated due to the Plaintiff’s release of articles to J’s designated parties C.

Since then, the plaintiff directly operated the L Area news gathering headquarters.

The J filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the notice of termination of the instant consignment operation contract (Seoul Central District Court 2015 Gohap532349, hereinafter “relevant first instance judgment”), and the said court rendered a ruling of dismissal on April 29, 2016.

Accordingly, the J appealed (the Patent Court 2016Na1219, hereinafter referred to as "relevant appellate court"), but the above appellate court rendered a judgment dismissing the appeal by the J on July 14, 2017.

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