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(영문) 청주지방법원충주지원 2015.08.20 2014가합3504
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts constituting the premise of the dispute

A. The parties, etc. (1) The Defendant is a CATV broadcasting business operator (Symator) whose business area covers Chungcheong-si, Seoyang-si, Jinyang-gun, Jincheon-gun, Jincheon-gun, Jinsan-gun, and Mymator under the Broadcasting Act. On October 29, 2002, the Defendant concluded a collaboration agreement (hereinafter “instant collaboration agreement”) with the Broadcasting Development Business Operators’ Council (which consists of CATV relay broadcasting business operators within the Plaintiff’s business area, and evidence A).

(2) On November 14, 2005, the Plaintiff is a CATV relay broadcasting business operator who acquired a cable broadcasting business license from B, a member of the Broadcasting Business Operators’ Council, for the cable broadcasting business territory of Chungcheong C.

B. (1) As a dispute arises between the Plaintiff and the Defendant on the distribution of receiving fees, the Defendant filed a lawsuit against the Plaintiff, such as a claim for distribution of receiving fees, with the Chungcheong District Court, and the said court rendered on July 17, 2013, a judgment of winning part of the lower court (as for the Plaintiff (in the case of a claim for distribution of receiving fees, the Defendant is the Defendant; hereafter in this case, the parties shall be indicated in accordance with the status of the parties) that “the Plaintiff (in the case of the claim for distribution of receiving fees, the Defendant is the Defendant; hereafter in this case, the parties shall be indicated) paid 5% per annum from December 24, 201 to July 17, 2013 and the amount calculated at the rate of 20% per annum from the next day to the day of full payment.”

The defendant appealed against the above judgment, and the plaintiff also filed an incidental appeal.

(2) On August 22, 2013, the Defendant: (a) seized cable broadcasting cable conduits (the Dline, Eline, and detailed details) owned by the Plaintiff (the Cheongju District Court 2013No1969) (the Cheongju District Court 2013No. 1969) on August 10, 2013 with the judgment of the first instance court of the above provisional execution sentence as the executive title; and (b) received a successful bid in the auction of corporeal movables

(hereinafter “Compulsory auction of the instant corporeal movables”. Of the above cable cables, Dlines were sold in KRW 11,040,000, and KRW 10,158,870 for execution cost of KRW 881,130.

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