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(영문) 서울중앙지방법원 2016.01.13 2014가합567102
손해배상(기)
Text

1. The Defendant’s KRW 109,891,649 for the Plaintiff and KRW 5% per annum from September 23, 2015 to January 13, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a terrestrial broadcasting business entity permitted by the Korea Communications Commission under the Broadcasting Act (Article 2 subparag. 3 (a) of the Broadcasting Act) and is its broadcast area. 2) The non-party C Co., Ltd. (hereinafter referred to as “non-party C”) is a terrestrial broadcasting business entity that is an affiliated company of the Plaintiff, whose broadcast area covers the area of Jeollabuk-do as its broadcast area, and is a terrestrial broadcasting business entity permitted by the Korea Communications Commission in its broadcast area. The Plaintiff’s terrestrial broadcasting business entity re-transmittings the Plaintiff’s terrestrial broadcasting in real time or broadcasts the program produced directly or via the

3) 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) of the Broadcasting Act and “SO”).

(2) As such, the Defendant’s CATV broadcasting business type received terrestrial broadcasting signals sent by the Plaintiff and the Nonparty (hereinafter “instant broadcast signals”) to the subscribers in real time through its cable network (hereinafter “instant re-transmission”) and the adjacent channels of terrestrial broadcasting channels provide various broadcasting channels depending on the type of products. (c) On August 27, 2014, the Plaintiff and the Nonparty agreed to transfer all monetary claims to the Plaintiff, including terrestrial television broadcasting programs/broadcasting signal without permission granted by the Nonparty against the Defendant (hereinafter “instant broadcast”). The Defendant entered into a contract with the Plaintiff to transfer the instant broadcast signals to the Plaintiff (hereinafter “instant re-transmission”).

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