1. The plaintiff's claim is dismissed.

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

Basic Facts

As a "CATV broadcasting business entity" in Article 2 subparagraph 2 (b) of the Broadcasting Act, the Plaintiff is a business entity that operates a CATV broadcasting business with the area of broadcasting as a "CATV broadcasting business entity" in the area of the Chungcheongbuk-si, Seoyang-si, Yangyang-si, Yangyang-si, Mtsan-gun, Jincheon-gun, and

The defendant is a company which is a "CATV Broadcasting Business Operator" under Article 2 subparagraph 2 (b) of the Broadcasting Act and operates a CATV broadcasting business with the Seoul Special Metropolitan City Gwanak-gu as a broadcasting area, and has eight CATV broadcasting businesses nationwide as its subsidiary companies.

On November 4, 2008, in order to transfer the management rights to the Plaintiff Company, the Defendant entered into a contract to transfer 4,023,600 shares of the Plaintiff Company (85.5% of the total number of shares issued by the Plaintiff Company), which was owned by the Defendant, to 2,349,70 shares of the Plaintiff Company, and the remainder 1,673,90 shares to D (hereinafter “instant share acquisition agreement”).

At the time of the above contract, C and D agreed to entrust the operation of the Plaintiff’s home shopping broadcasts to the Defendant’s or the Defendant’s affiliated company designated by the Defendant. The content of the pertinent part of the share acquisition agreement is as follows.

Article 12 After the date of execution, C, D (hereinafter referred to as "transferees") shall also entrust the operation of the plaintiff to the defendant (hereinafter referred to as "transferor") or to the affiliated company of the transferor designated by the transferor, as follows:

12.1. The scope of entrusted management shall be as follows:

(1) The Plaintiff’s home shopping broadcasting content is entrusted to the transferor, and excluding the right to name and channel programming for other program providers (P).

However, when entering into the Home Shopping Transmission Fee contract, it shall maintain equity with the transferor's other affiliated companies (SO) in comparison with the former year, but it will make a decision without raising the plaintiff's other home shopping commission until 2010.