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(영문) 서울중앙지방법원 2016.01.13 2014가합581702
손해배상(지)
Text

1. The Plaintiff; Defendant B Co., Ltd.; KRW 745,782,319; Defendant C Co., Ltd.; KRW 158,670,872; and Defendant D Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is a public corporation established under the Broadcasting Act, and is a terrestrial broadcasting business operator (Article 2 subparag. 2 (a) and subparag. 3 (a) of the Broadcasting Act) which obtained permission from the Korea Communications Commission (Article 2 subparag. 2 (a) and subparag. 3 (a) of the Broadcasting Act). The Defendants are CATV broadcasting business operators licensed for CATV broadcasting business from the Korea Communications Commission under the Broadcasting Act (Article 2 subparag. 3 (b) and SS), and each of the relevant “broadcasting area” as its broadcast area, and sell digital cable products, including terrestrial broadcasting signals sent by the Plaintiff to its broadcast area.

B. The Defendants’ CATV broadcasting business type Defendants received terrestrial broadcasting signals sent by the Plaintiff to their broadcast area (hereinafter “the instant broadcast signals”) and re-transmission the said broadcast signals to real-time subscribers via their cable networks (hereinafter “re-transmission”), and the neighboring channels of terrestrial broadcasting channels are also organizing home shopping channels, and various broadcasting channels are provided depending on the type of products. C. 1) On September 8, 2009, terrestrial broadcasting business operators (the Plaintiff, K, and L Company) including the Plaintiff in the instant provisional disposition, including the Plaintiff in the instant provisional disposition, are providing various broadcasting channels.

(1) On December 31, 2009, the first instance court dismissed the application for provisional injunction on the ground that the terrestrial broadcasting program provider’s re-transmission infringed upon each terrestrial broadcasting business operator’s respective public transmission rights and simultaneous relay broadcasting rights. Accordingly, the first instance court dismissed the application for provisional injunction on the ground that the terrestrial broadcasting program provider’s re-transmission infringed upon the terrestrial broadcasting program provider’s respective public transmission rights and simultaneous relay broadcasting rights (on December 31, 2009).

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