1. The Defendant’s KRW 109,840,748 for the Plaintiff and 5% per annum from September 23, 2015 to January 13, 2016.

1. Facts of recognition;

A. The Plaintiff is a public corporation established under the Broadcasting Act, and is a terrestrial broadcasting business operator (Article 2 subparag. 2 (a) and subparag. 3 (a) of the Broadcasting Act) permitted by the Korea Communications Commission (Article 2 subparag. 2 (a) and subparag. 3 (a) of the Broadcasting Act). The Defendant is a CATV broadcasting business operator licensed for CATV broadcasting business by the Korea Communications Commission pursuant to the Broadcasting Act (Article 2 subparag. 3 (b) of the Broadcasting Act, as a CATV broadcasting business operator ("SO"), and sells digital cable broadcasting products including terrestrial broadcasting signals sent by the Plaintiff to its broadcast area.

B. The Defendant’s CATV broadcasting business type: (a) received terrestrial broadcasting signals sent by the Plaintiff to its broadcast area (hereinafter “the instant broadcast signals”); (b) re-transmitting the said broadcast signals to real-time subscribers via its cable network (hereinafter “re-transmission”); and (c) the adjacent channels of terrestrial broadcasting channels include home shopping channels; and (b) provide various broadcasting channels depending on the type of products. (c) On September 8, 2009, terrestrial broadcasting business entities (Plaintiffs, C, and D) including the Plaintiff in the instant provisional disposition (hereinafter “E”).

(1) On December 31, 2009, the first instance court dismissed the application for provisional injunction on the ground that the terrestrial broadcasting program provider’s re-transmission infringed upon each terrestrial broadcasting provider’s respective public transmission rights and simultaneous relay broadcasting rights. On December 31, 2009, the first instance court rejected the application for provisional injunction on the ground that there was insufficient vindication as to the necessity of coverage (Seoul Central District Court 2009Kahap3358, and the appellate trial on June 2, 201).