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(영문) 서울고등법원 2015.06.05 2014나32382
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C Cooperatives shall be five days from the date the judgment of this case became final and conclusive.

Reasons

1. The following facts are acknowledged in full view of the statements in Gap evidence 1, 2, and 3 of the basic facts (including branch numbers, hereinafter the same shall apply) and the overall purport of the arguments as a result of the verification by the court of first instance.

[1] The Plaintiff A (hereinafter “Plaintiff A”) is a corporation that provides television and radio broadcasts.

Plaintiff

B was in office as the head of the political division of Plaintiff A from February 2, 2011, and was in office as the head of the news report bureau from May 22, 2013.

Defendant C Cooperatives (hereinafter “Defendant Cooperatives”) are corporations that broadcast Internet.

The Defendant Union broadcasted the radio program “F” (hereinafter “instant program”) on its Internet homepage (G).

Defendant D and Defendant E continued the instant program.

[2] On June 28, 2013, the Defendant Union broadcast the same content as the instant broadcast in attached Form 2 (hereinafter “instant broadcast”).

위와 같이 방송한 이 사건 프로그램은 피고 D과 피고 E가 대화하는 형식으로 진행되었고, 이 사건 방송은 콘텐츠를 오디오파일 형태로 인터넷 망을 통해 제공하는 ‘팟 캐스트’(pod cast) 형식이었다.

The Defendant Union provided links to access K’s Internet site (L) at the above website so that it could listen to the instant program broadcasted as above.

2. Part (A) of the broadcast of this case (attached Form 2)

A. In the Plaintiffs’ assertion, Defendant D’s assertion that “AB is the president who can display a knife and knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife,” and Defendant E’s assertion that “I am a knife a knife a knife a knife a knife a knife a knife a nife

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