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(영문) 청주지방법원충주지원 2014.02.18 2011가합2210
손해배상 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 271,572,932 to the Plaintiff (Counterclaim Defendant) and its related amount from December 28, 201 to February 18, 2014.

Reasons

Basic Facts

Since the end of the 1990s, the Plaintiff (Co., Ltd. prior to the change) was a CATV broadcasting business operator (Symperor, SO) with the broadcasting zone as Chungcheong, Seocheon-si, Chungcheongnam-si, Chungcheongnam-si, Jincheon-gun, Jincheon-gun, etc. Around that time, D operated a CATV relay broadcasting business in trade name “G” in voice E and F.

Before the commencement of the Plaintiff’s CATV broadcasting business, multiple CATV relay broadcasting business operators including D (hereinafter “the instant RO”) were competingly operating by installing their respective broadcasting lines. However, the Plaintiff purchased and directly operated existing facilities in Chungcheong City, Jeju City, and other regions, but the remaining areas concluded a collaboration contract with the instant RO and operated the CATV broadcasting business using their transmission networks around 199.

On January 4, 2001, the Korea Broadcasting Commission announced a policy to approve the existing CATV relay broadcasting business operators as a CATV relay broadcasting business operator for the activation of cable cable program costs and the establishment of a foundation for the integration of cable broadcasting markets (However, the broadcast area of the Plaintiff and the instant RO was excluded from the broadcast area subject to approval), and the instant RO entered into a collaboration agreement to the effect that “the Plaintiff shall select H Co., Ltd. (the representative I; hereinafter “H”) as the representative and delegate all the authority for each collaboration agreement to H, and shall provide the broadcast signal to the subscribers of the relevant area using the network of the instant RO, and the instant RO shall allocate the Plaintiff, receiving fees, and advertising proceeds (150,000 won per penalty upon the cancellation of unilateral breach of contract)” among the Plaintiff on September 4, 2001.

The Korean Broadcasting Commission has established the policy on June 2002 that the existing CATV relay broadcasting business operator approves the business as a CATV relay broadcasting business operator including the broadcasting zone of the plaintiff and the instant RO.

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