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(영문) 대전고등법원(청주) 2015.12.08 2015나10654

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) is a new member of the E Religious Organization FI (hereinafter “instant church”), and the Plaintiffs are children of the deceased, and the Defendant is a corporation established for the purpose of domestic and foreign travel business.

B. On April 14, 2013, the Defendant entered into an overseas travel contract with I (the head of the instant church), with the name of travel goods, “J”, “J”, “from February 10, 2014 to February 21, 2012,” “at least 35 persons (including one person free of charge, one person),” “at least 35 persons traveled (including one person free of charge, one person),” “ Egypt, Egrael, Turkey,” and one person traveled as “3.5 billion won” respectively.

(hereinafter referred to as the “instant contract”). D. D. travel following the instant contract (hereinafter referred to as “instant travel”).

On the other hand, the main contents of “standard foreign travel terms and conditions” applicable to the instant contract are as follows.

Article 2 (Obligations of Travel Agencies and Travelers) (1) Travel agencies shall faithfully perform their duties entrusted in the course of formulating and implementing travel plans, such as brokerage of travel, guidance, transportation, lodging, etc., in order to provide travelers with safe and satisfactory travel services.

Article 8 (Responsibilities of Travel Agencies) Travel agencies are liable for any travel agency's or its employees, local travel agencies, or their employees (hereinafter referred to as "employees") with respect to the travel agency's duties prescribed in Article 2(1).

Article 14 (Compensation for Damages) (1) Travel agencies shall compensate for damages to travelers if they have caused damages to travelers intentionally or by negligence by local travel agencies, etc.

Article 18 (Obligation of Travel Agency) Travel Agency shall explain important matters and any modification thereof specified in the contract to make it possible for travelers to understand them.

According to the instant contract, the believerss of the instant church, including the Deceased, left Korea on February 10, 2014 and Turkey.