beta
(영문) 서울중앙지방법원 2015.05.28 2014가단5001051

손해배상(기)

Text

1. The Defendant’s KRW 35,810,483 as well as the Plaintiff’s KRW 5% per annum from October 14, 2012 to May 28, 2015.

Reasons

1. Basic facts

A. From October 2012 to October 16, 2012, the Plaintiff entered into a contract with the Defendant, who is a travel agency, to travel agency (hereinafter “instant travel contract”). Article 2(1) of the Terms and Conditions of the travel contract of this case, “I will faithfully perform their duties in the course of formulating and implementing plans for safe and satisfactory travel, such as guidance, transportation, lodging, etc.” Article 8 of the travel contract provides that “I will faithfully perform their duties, from October 11, 2012 to October 16, 2012, the travel agency, local travel agency, or its employee will compensate for damages to the traveler intentionally or negligently in relation to the travel’s duties provided for in Article 2(1).”

B. On October 11, 2012, the Plaintiff, along with the instant travel contract, departed from China on October 11, 2012, and traveled under the direction and direction of the local travel agency of China (hereinafter “local travel agency of this case”). On October 14, 2012, the local travel agency of this case completed the YYYY-Anng Sik-si Tourism and moved 35 passengers and large ordinary passengers (hereinafter “Defendant vehicle of this case”) who were employed by the driver to the hotel.

C. Under the aforementioned route, the Defendant’s vehicle is going to overtake a prior vehicle by the Defendant’s vehicle breaking the center line, following the rear of the vehicle’s mid-to-face 1 line of the two-way main line along the south side of the two-way main line. The Plaintiff is again going to drive a prior vehicle.