logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2015.11.05 2015나161
손해배상(기)
Text

1. The plaintiff's appeal and the selective claim in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. In the first instance trial, the Plaintiff sought compensation of KRW 2,496,000,000 from a CATV relay broadcasting business to a CATV broadcasting business (SO business) due to the Defendant’s nonperformance of obligations under the Defendant’s provisional contract, etc. (i.e., losses of KRW 2,496,00,000 due to the conversion from a CATV relay broadcasting business to a CATV broadcasting business (SO business), and ② damages of KRW 4,800,000 due to the failure to attract new subscribers, and ③ damages of KRW 640,000,000 for the maintenance and repair

The court of first instance dismissed the plaintiff's claim in its entirety, and the plaintiff only appealed to the part against the plaintiff of the judgment of the court of first instance regarding KRW 1,179,50,000, which is part of the damages under the above paragraph (1). Thus, the subject of the judgment of this court is limited to the part

2. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing this part in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The assertion and judgment

A. The plaintiff asserts that the plaintiff is liable for damages of KRW 1,179,500,00 for the damages of KRW 1,179,500 as set forth in paragraph (1) below.

1) The Plaintiff suffered losses equivalent to 6,400 won (= 6,400 x 390,000 won x 6,400 won x 390,000 won for each subscriber) as of January 18, 2008 established by the Defendant, or on June 25, 2008, the Plaintiff’s CATV relay broadcasting business operator entered into the instant provisional contract. In the case of CATV relay broadcasting business, 2,50,000 won per subscriber was traded for CATV broadcasting business, and 6,40,000 won per subscriber. Thus, the Plaintiff was liable to compensate the Defendant for damages, as part of the damages incurred to the Defendant.

arrow