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(영문) 서울중앙지방법원 2019.11.20 2018가합539129

손해배상(기)

Text

1. The Defendant’s KRW 283,58,147 and the said money to the Plaintiff are 5% per annum from January 12, 2016 to November 20, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a person who has served as the principal of C Elementary School, and the Defendant is a legal entity that operates the travel business. 2) On January 4, 2016, the Plaintiff entered into an overseas travel contract with the Defendant on seven day from January 6, 2016 to January 14, 2016, with a travel period of seven days, seven days from January 6, 2016 to nine days from January 14, 2016, and two thousand five hundred five thousand five thousand won per person for travel fees (hereinafter “instant travel contract”); and accordingly, the Plaintiff entered into the travel contract with the Defendant.

The Defendant continued the instant tour in cooperation with the local tour events, a local tour agency in China, and the instant tour contract was a package tour contract that included horse riding experience in the 7th program.

3) On January 12, 2016, at the local point of China, the Plaintiff: (a) around 14:10 on January 12, 2016, when she was engaged in horse riding experience activities at the early back of the 14:10 Chinese Republic of Korea, left the horse in accordance with the direction of the local horse department; (b) when the Plaintiff was placed in a fixed device, and the horse was not placed in a fixed device, the Plaintiff started a different manner; and (c) the Plaintiff was able to attract approximately 100 meters of the surface of the non-packaged soil surface of the horse at the end of the horse (hereinafter “instant accident”).

(4) In the instant accident, the Plaintiff suffered from injury, such as cerebrovascular, salute salute, and salute salute, and received surgery for removal of salute from a local F Hospital. Since then, the Plaintiff was transferred to an affiliated hospital of the G University and received hospitalized treatment at the instant hospital from January 28, 2016 to February 12, 2016. On February 13, 2016, the Plaintiff was diagnosed as having been under acute salute salute surgery, salute salute salute, salute salute, salute salute, and salute salute salute salute salute that were transferred to the G Hospital located in Dongdaemun-gu Seoul Metropolitan Government, and was under diagnosis of injury to the present medical treatment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 9, and 11 are numbers.