손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. From January 9, 2019 to January 22, 2019, the Plaintiff purchased a golf-lock travel product (hereinafter “instant tour product”) at KRW 1,680,000 for a certain 12-day period, and on January 2, 2019, the Plaintiff paid KRW 1,680,000 to the Defendant, a credit card merchant.
B. On January 9, 2019, the Plaintiff left Korea on January 9, 2019 and used only 60,000 days out of the schedule of the instant travel goods and returned to the Republic of Korea early on January 15, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into the instant travel product contract with the Defendant through the Defendant’s agent or performance assistant, and only half of the pertinent travel product was used and returned to the Republic of Korea. The Defendant paid the price of the instant travel product with the Plaintiff’s credit card.
Therefore, the card sales amounting to 840,000 won, which is a half of the contract amount settled with the plaintiff's credit card, must be revoked. Therefore, the defendant is liable to compensate the plaintiff's damages.
Preliminaryly, if the Defendant is not a party to the travel product contract of this case, the Plaintiff’s credit card settlement is null and void, and the Defendant is obligated to return the amount received accordingly as unjust enrichment.
B. The gist of the Defendant’s argument did not conclude the travel product contract with the Plaintiff.
The Plaintiff and C entered into the travel product contract of this case is a person who has no relationship with the Defendant.
D Co., Ltd. (hereinafter referred to as “D”) only paid air fares to the Defendant using the Plaintiff’s credit card settlement information, etc. duly secured through C.
3. In light of the following circumstances, the facts acknowledged earlier and the entries in the evidence Nos. 1 through 6, which can be acknowledged by considering the overall purport of the pleadings, C alone is the defendant's agent or his/her agent.