손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 256,00 and 5% per annum from July 22, 2017 to January 10, 2018.
1. Facts without dispute;
A. Defendant B is the representative of the “E” group, and Defendant C and D are its members.
On March 20, 2017, the Defendants entered into a charter bus lease contract with the Plaintiff to travel through through districts, scams, and Busan at a fixed period of 2 days for one night-day.
B. 16 members of E gatherings, including the Defendants, began travelling on the Plaintiff’s bus from April 22, 2017.
However, the Defendants were unable to use the Plaintiff’s bus from the day following the completion of overseas tourism, and they returned to Gwangju from the SP to the SP, using public transportation.
2. Determination as to the claim for damages
A. On April 23, 2017, the Defendants returned to the place promised with the Plaintiff on April 23, 2017, and returned home without permission by using other means of transportation.
Since the Defendants returned home as they were, and neglected for four days, they suffered from mental suffering due to the Plaintiff’s failure to conduct their business during that period.
Therefore, the Defendants should compensate the Plaintiff for business losses (i.e., KRW 800,000 per day x 4 days) and pay 50,000 won as consolation money.
B. As seen earlier, the fact that the Defendants’ work performed on April 23, 2017, did not use the Plaintiff’s bus on the same day is as seen earlier, but there is no evidence to acknowledge that they returned to the place that they promised with the Plaintiff without permission, and there is no other evidence to acknowledge the Plaintiff’s assertion.
Rather, if the purport of the entire pleadings is added to the statements in the evidence Nos. 3 and 5, the Plaintiff is mainly responsible for the Plaintiff’s failure to keep the Defendants from working in front of the terminal of the passenger ferry, which is the place of promise, with the remaining schedule, and there seems to be an inevitable reason for the Defendants to have returned home to Gwangju by using other means of transportation.
If so, the defendants' daily activities kept by the plaintiff are prompt.