logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.02.13 2017다275447
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to misapprehension of legal principles as to a contract for the purchase of accommodation tickets (ground of appeal No. 1)

(a) Advertisement is generally limited to the inducement of an offer, but its contents are clear and conclusive and the advertiser’s intent to be bound by the contract as specified in the advertisement is apparent, it can be viewed as an offer.

Furthermore, even if the advertisement is not an incentive for subscription, if the other party makes an offer on the premise of the content of the advertisement in the subsequent transaction process and the advertiser approves it, the content of the advertisement shall be deemed as the content of the contract.

Furthermore, in a case where a dispute over the interpretation of a contract between the parties is at issue, the interpretation of the parties’ intent as to the contents of the contract should be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and background of the contract, the purpose to be achieved by the

(Supreme Court Decision 2002Da23482 Decided June 28, 2002, and Supreme Court Decision 2014Da14115 Decided June 26, 2014, etc.) B.

According to the evidence duly admitted by the lower judgment and the lower judgment, the following facts are revealed.

(1) On November 2014, the Defendant operated the instant resort in a manner that, after having been equipped with an environment in which horses could be removed from the outside while operating the resort, mainly lent horses to the club members and provided information about the course or allowing them to use the instant resort at the riding club place to photograph the drama.

Since then, the defendant met the requirements on January 20, 2015 and reported the rural riding facilities to the competent authority.

(2) Before reporting a riding facility, the Defendant sold the instant resort accommodation ticket through the “cube”, which is an electronic commerce site, and the contents of the indication and advertisement on the product description are as follows.

① The instant cooking department is different from other fences.

arrow