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(영문) 전주지방법원군산지원 2019.01.24 2016가합12160
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff as a party (formerly: Co., Ltd.) is a company operating a CATV relay broadcasting business that mainly receives, relays, and transmits terrestrial broadcasting in the business area of D.D. The Defendant is a company that engages in a CATV relay broadcasting business that is supplied with a program by program suppliers (P.P) and transmits the program to subscribers through the transmission network installed by the transmission network operator or its own transmission network, etc. with the business area of D. D. and E.

B. 1) On March 9, 2002, the Plaintiff and the Defendant agreed to cooperate by the Defendant through the Plaintiff’s transmission network by providing the Plaintiff’s broadcast program to the Plaintiff’s subscribers, and a collaboration agreement with the following contents (hereinafter “instant collaboration agreement”).

AB concluded the agreement.

Accordingly, the Plaintiff suspended CATV relay broadcasting business and sent the broadcast programs received from the Defendant to the subscriber through the Plaintiff’s transmission network.

The purpose of Article 1 of the Collaborative Trade Agreement is not only that the plaintiff and the defendant can provide high-quality services to subscribers through mutual friendly cooperation supplementation by collaboration based on mutual trust, but also that they may avoid expendable duplicate investments and at the same time contribute to the promotion of mutual development and the improvement of the culture of local residents.

Article 2 The definitions of terms used in this Agreement shall be as follows, and the term not defined shall be defined in accordance with the Broadcasting Act, the Enforcement Decree of the Broadcasting Act, the Enforcement Decree of the Broadcasting Act, the standards of technology for cable broadcasting station facilities, etc., and the terms and conditions of use:

1. Collaboration zone: An area to which the contents of collaboration under this Agreement apply shall be the current relay broadcasting business zone of the plaintiff;

2. Family-based channels: Channels binding at the lowest price among those operated by the defendant;

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