손해배상(기)
1. The Defendant: (a) KRW 200,000 for each of the Plaintiffs and 5% per annum from May 20, 2018 to September 20, 2019; and (b).
1. Facts of recognition;
A. On May 20, 2018, the Plaintiffs, under the trade name of “A”, entered into an international air transport contract (hereinafter “instant contract”) with the Defendant engaging in air transport business, and with the Defendant’s B air services (hereinafter “instant air services”), starting from the Incheon International Airport on May 20, 2018 (Korean Time) and arriving at the airport of Thailand 21:20 (Local Time) and arriving at the airport of Thailand, Thailand.
B. On May 20, 2018, the aircraft put into the air of this case (hereinafter “instant aircraft”) closed the entrance door on May 20, 2018 and took off 17:45.
However, high level of approximately 3,00 feet L/H Duct Presure of the blateral system of the aircraft of this case was “0”.
This is an indication that the aircraft’s adequate pressure and temperature can not be maintained. Accordingly, the aircraft used fuel in order to observe the maximum landing weight by stopping at around 18:30 on the same day in the same day, which led to the Incheon International Airport at around 21:00 on the same day (hereinafter “instant accident”).
On May 20, 2018, at least five hours but later, the Plaintiffs started the Incheon International Airport using substitute aircraft provided by the Defendant and arrive at the airport of 03:00 (Local Time) Thailand on the following day. D.
After the accident of this case, the defendant replaced the air supply pressure control apparatus, temperature 450·F Sensor, and the air air conditioning of the aircraft's steering seats.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, Eul evidence 1-2, Eul evidence 1-4, Eul evidence 9, Eul evidence 11, the purport of the whole pleadings
2. Applicable Acts.
A. Whether the Montreal Convention is applied or not, the Montreal Convention on the Unification of Certain Rules Relating to International Carriage by Air (hereinafter referred to as the “ Montreal Convention”) was signed by Korea and entered into force on December 29, 2007.
This is paid for by aircraft.