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(영문) 인천지방법원 2016.06.15 2015가단203218

손해배상(기)

Text

1. The Defendant’s KRW 10,553,371 as well as 5% per annum from November 5, 2013 to June 15, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The following facts are acknowledged in full view of Gap evidence Nos. 4, 5, 8, Eul evidence Nos. 1 to 4 (including paper numbers; hereinafter the same shall apply), part of Eul evidence Nos. 5, witness B and C's testimony, fact-finding results of this court's inquiry about case Nos. 5 and the whole purport of the arguments, and contrary Eul evidence No. 5 are not believed to be part of Eul evidence No. 5.

1) The Plaintiff, a travel company, on October 8, 2013, is the case (hereinafter “case”).

(2) On November 3, 2013, from November 3, 2013 to August 8, 2013, the travel entered into a new package tour agreement with the name of the goods hereinafter referred to as “cockababababbabbabbabba”. The travel is a package tour in which the travel is to determine in advance the destination and schedule of the travel for the travelers who wish to travel overseas, the contents of the services, such as transportation and lodging, and the matters excessive to the service charges of the travelers who want to travel overseas, and to recruit the participating travelers.

3) The contents of the above travel contract were to comply with the standard terms and conditions for overseas travel. According to the above standardized terms and conditions, travel agencies faithfully perform their duties entrusted in the course of formulating and implementing the travel plan, including guidance and lodging, to provide safe and satisfactory travel services to travelers (Article 2(1) of the above standardized terms and conditions). The travel agencies are liable for damages to travelers in relation to the travel agency’s duties prescribed in Article 2(1) from the departure to the arrival of the travel agency’s employees, local travel agencies, or their employees, etc. (Article 8 of the above standardized terms and conditions). On the other hand, travel agencies are liable for damages to travelers if they inflict damages on travelers by intention or negligence by local travel agencies, etc. (Article 14(1)4 of the above standardized terms and conditions).