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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Plaintiff’s husband entered into a travel contract with the Defendant on travel goods, which holidayed B from February 24, 2016 to February 28, 2016 (hereinafter “instant contract”).
B. According to the detailed schedule of the instant contract, if you do not want to holiday as Mountain Island on February 26, 2016, which is the third day of travel, the time is set within C Hotel (hereinafter “instant hotel”).
C. On February 26, 2016, at around 9:00 a.m., the Plaintiff suffered an accident (hereinafter “instant accident”) resulting in an accident, i.e., falling short of a vadi, from among the attempts to affix a photograph, following the columns installed at the corner of the swimming pool in the instant hotel at around 9:00 a.m.
[Reasons for Recognition] Unsatisfy, entry of Eul evidence 1, Eul evidence 2-1 and 2
2. The plaintiff's assertion is a travel agency that has planned the travel contract of this case, and the defendant bears the duty of safety consideration for the traveler.
Since the accident location of this case is a place where an abortion risk exists, the defendant neglected his duty to explain in advance that it is a place where an abortion risk exists to the plaintiff who is a traveler or to display a mark prohibiting access to the location of the accident of this case so that the accident of this case does not occur, thereby neglecting such duty.
Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.
3. Determination
A. A travel agency planning the relevant legal doctrine unilaterally determines the terms of a contract on the use of a place of destination or travel facilities in a superior position as a person who has a professional knowledge of the natural and social conditions of a destination as well as ordinary travel, while a travel agency planning and travel agency unilaterally determines the terms of a contract on the use of a place of destination or travel facilities. However,
Considering this point, the planning travel agency shall ensure the safety of the life, body, property, etc. of the travelers.