logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2014.02.18 2012가합2040
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

From the end of the 1990s, the Defendant was a CATV broadcasting business operator (Symperor, SO) that runs a CATV relay broadcasting business in the name of Chungcheong-si, Seocheon-si, Chungcheong-si (hereinafter the same Do), Jincheon-gun, etc. Around that time, B was running a CATV relay broadcasting business in the name of “E” in C and D.

On October 29, 2002, multiple CATV relay broadcasting business operators within the Defendant’s CATV broadcasting business zone including B, F, etc. entered into a collaboration agreement between the Defendant and the Defendant on October 29, 2002, under which the Defendant, a CATV relay broadcasting business operator, sent the Defendant’s broadcasting signal through the line in the relevant region that he/she registered and manages by him/her on behalf of the Defendant, and bears various facilities installation costs, subscription costs, etc., while receiving the receiving fees directly from the subscribers

(hereinafter referred to as "the instant agreement". Article 1 (Purpose) A (hereinafter the same shall apply) and B (hereinafter the same shall apply) of the instant agreement shall guarantee the property rights and business rights of B and for the continuous development of broadcasting business, and both A and B shall aim to actively cooperate and develop in accordance with the good faith principle.

Article 2 (Apportionments) (1) A shall take charge of transmission functions to the SO area (broadcasting, production, advertisement, and transmission) and to the respective collaborative broadcasting rooms.

B shall take charge of the functions of the area of relay excursion ship or management business zone (facilities for transmission networks, maintenance, management, repair, deposit, and viewers management) of B.

(2) A and B shall not engage in all activities with any third party related to this Agreement without obtaining prior consent thereto under a contract.

Provided, That when it is inevitable to transfer the business right, the following contents shall be succeeded to the next transferee.

(3) A NO business operator or a business operator who has obtained permission later shall enter into a network rental contract according to the distribution ratio of receiving fees.

Article 4 (Business Area and Title) (1) Business Area A and B shall be designated as a zone at which A and B are currently operated.

arrow