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(영문) 서울중앙지방법원 2018.04.24 2017가단5003638 (1)

손해배상(기)

Text

1. The Defendant: (a) against the PlaintiffF KRW 4,464,030; (b) from November 10, 2016 to April 2018, 200, respectively; and (c) against the PlaintiffF KRW 2,500,000.

Reasons

1. Facts of recognition;

A. The Plaintiffs are children of the deceased G (H students, hereinafter “the deceased”), and the Defendant is a company engaging in the business of arranging planned trips.

B. The Plaintiff E and the Deceased entered into a package tour agreement with the Defendant to engage in marine sports experience activities, such as shopping and snocing for three (5) days in detail in the Defendant and the Philippines.

C. On November 7, 2016, Plaintiff E and the Deceased commenced a trip after the arrival of the Philippines, starting from the Incheon Airport in accordance with the above travel contract.

On the same day, Plaintiff E and the Deceased signed the “written confirmation on the tour guide of the Philippines and the prevention of safety accidents” from the Defendant’s side, and the said written confirmation contains the content on the prevention of safety accidents, such as that it would be possible to conduct a preparatory campaign before snocling and not enter the water if there is no one.

Plaintiff

E and the Deceased had experienced on November 8, 2016, and at that time, the Deceased stated the health content column on the Defendant’s health content, and submitted written consent of exemption from liability, and there was no particular circumstance even after ice.

E. On November 9, 2016, Plaintiff E and the Deceased began to start the “doping” schedule (which was included at the time of the conclusion of the instant travel contract, and is a tourism program through which the local flads travel along the islands and experience in snophing and fishing, etc.). At around 11:00 a.m. experience was started.

(f) At that time, the Defendant’s side explained general safety rules to tourists, including the Deceased, and made them be snocling and to begin snocling.

G. At the time, the Deceased, along with the local assistant personnel, was engaged in 15 minutes pambling, and was frighting and rested, and the Deceased was frighting and rested. The Deceased even frighting to be frighting to be frighted to the Deceased.

(h)the distance of approximately five minutes thereafter;