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(영문) 서울고등법원 2015.01.23 2014나19334
손해배상
Text

1. The Plaintiff’s appeal against the Defendants and the Defendant SBS’s appeal are all dismissed.

2...

Reasons

With respect to this case, this court's use is identical to the entry of the reasoning of the judgment of the court of first instance except for some dismissals or additions as follows. Thus, this court's use is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant's each "Defendant" in the 6th and 10th of the judgment of the first instance court shall be raised to "Defendant S SBS".

In Part 9, “the Plaintiff” is added to “the 2010 PyeongChang Olympic and Paralympic Winter Games of the South Africa 2010.”

In the last sentence of the 11th page “ from the Plaintiff”, the term “Defendant SBS from the Plaintiff.”

In Part 18, in Part 13, the term "the specific contents of the operating rules or the terms of the agreement among the Defendants pursuant thereto" is deemed to read "the specific agreement among the Defendants pursuant to the operating regulations".

In Part 19, the following is added to "(for example, each evidence submitted by the Plaintiff and Defendant SPS alone, including evidence Nos. 28-1 to 35-7, and evidence Nos. 37 through 47, which are additionally submitted at the trial)" in Part 6.

The 19th parallel 7 to 15th parallel are as follows:

① The court of the first instance and the court of the trial urged Defendant SPS to disclose the details of the broadcast agreement concluded with the sponsoring company or the sponsoring agency with respect to the broadcast of the Olympic Games, and the details of service fees paid to a third party. However, Defendant SPS did not cooperate in the submission of the remaining materials on the grounds that it is trade secret or unrelated to the assessment of damages, on the grounds that it is irrelevant to the assessment of damages. As such, such circumstances should also be considered in calculating the amount of damages.

② Defendant SPS concluded with five companies in connection with relay broadcasting of the Olympic Games of this case.

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