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(영문) 서울중앙지방법원 2017.01.11 2016가합521834

손해배상(기)

Text

1. The Defendant: (a) KRW 106,117,104 for the Plaintiff and 5% per annum from November 17, 2015 to January 11, 2017; and (b) for the Plaintiff.

Reasons

1.The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 7, Gap evidence 13, Eul evidence 1 to 3 (including each number), together with the whole purport of the pleadings:

The plaintiff is the mother of the deceased B (hereinafter referred to as the "the deceased"), and the defendant is a travel agency which has entered into an overseas travel contract with the deceased and C.

B. 1) The Deceased and C entered into the instant travel contract: (a) as of November 14, 2015, in order to enter a marriage and to make a new divorce travel, the travel period between the Defendant and four hours from November 15, 2015 to the 20th of the same month; and (b) the travel period between the Defendant and four hours from November 15, 2015 to the 10th of the same month (hereinafter “instant travel contract”).

A) The instant travel contract was concluded. The Defendant: (a) the destination and schedule of the travel; (b) the details of the services, including transportation and accommodation, provided to the travelers; and (c) the planning travel contract, which is provided to the instant travel contract (hereinafter referred to as the “instant travel contract”) under Article 2(1) for the travelers who wish to make an overseas trip; and (b) the Defendant’s travel contract was a package tour contract under which the travelers recruited participants to participate in the contract; and (c) the Defendant’s travel contract (hereinafter referred to as the “instant travel contract”) provides for the travel service in a safe and satisfactory manner. Article 2(1) provides that “The Party shall faithfully perform the duties assigned to the tourists in the course of the establishment and implementation of the travel plan, such as guidance, transportation, accommodation, etc., from the departure to the arrival; and (d) Article 8 provides that “The Party shall be held liable for damages to the travelers intentionally or by negligence in connection with the travel agency’s duties stipulated in Article 2(1).”