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(영문) 서울중앙지방법원 2018.04.26 2016가합566844

손해배상(기)

Text

1. The Defendant: (a) KRW 178,630,393 for the Plaintiff and KRW 5% per annum from May 8, 2013 to April 26, 2018; and (b) April 27, 2018 for the Plaintiff.

Reasons

Basic Facts

On March 19, 2013, C, a member of the B church of the instant travel contract, concluded an overseas travel contract with the Defendant and the travel period on behalf of the travelers, including the Plaintiff, for the purpose of sexual intercourse travel on March 19, 2013, as “11-day and 12-day, from May 6, 2013 to May 17, 2013”; “D”; “39 persons traveled; and “3,90,000 won per person” for each travel fee.

(hereinafter “instant travel contract” and the following travel is called “instant travel.” The fare of the instant travel contract includes freight, such as aircraft, vessel, and railway, lodging feed, airport and harbor tax, domestic and foreign tourism, tourism promotion and development fund, tourist destination entrance fee, and insurance premium.

The standard terms and conditions for overseas travel (hereinafter referred to as the "standard terms and conditions for overseas travel") applicable to the travel contract of this case.

Article 2 (Obligations of Travel Agencies and Travelers) (1) In order to provide safe and satisfactory travel services to travelers, travel agencies shall faithfully perform their duties entrusted in the course of the formulation and implementation of travel plans, such as brokerage of travel and guidance, transportation, lodging, etc. of travel. Article 3 (Definition and Definition of Terms, and Definition of Overseas Tour Agency Business shall be as follows:

1. Package tour: A trip made by a travel agency in advance for the purpose and schedule of a trip, transport to be provided to travelers, details of accommodation and lodging services, and fees for travel to be provided to travelers, through advertisements or other means;

2. Desiring travel: travel agencies under Article 8 (Liability of Travel Agencies) of the Travel Act, which formulate and implement a comprehensive plan for travel, such as transportation, lodging, tourism, etc., in accordance with the conditions of travel desired by travelers, shall assume the responsibility where travel agencies themselves or their employees, local travel agencies or their employees, etc. inflict damage on travelers in connection with their duties prescribed in Article 2 (1) from the departure to the arrival of such travel agencies.