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(영문) 서울동부지방법원 2019.07.03 2018나29933
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant is a company operating air transport business under the trade name of “BE”.

B. On December 29, 2017, at around 06:55, the Plaintiffs entered into an international air transport contract with the Defendant with the content that the said aircraft will arrive at the blades of the Philippines (on-site time in the Philippines) at around 10:15 on the same day, starting from the Incheon International State Provision Port on December 29, 2017 with the BF aircraft belonging to the Defendant (hereinafter “instant aircraft without distinction of letters”).

(hereinafter “instant contract”. Plaintiff BB and BC entered into a contract of carriage on a schedule of the way that only Plaintiff BB and BC enters the Incheon International Airport to arrive at the knuri National Airport, and the rest of the Plaintiffs, starting from Incheon, entered into a contract of carriage to the Incheon at the port of landing.

On December 29, 2017, the aircraft of this case started at around 15:13 on the same day after approximately 8 hours and 18 minutes from around 06:5 on the same day, which was the initial scheduled departure time, and arrived at the port of the Mean of the Philippines around 18:45 on the same day after around 10:15 on the same day as the initial scheduled arrival time, and around 8:30 minutes from around 10:15 on the same day.

The Plaintiffs, despite having known of the delay in the departure of the instant aircraft, arrived at the Incheon State Port in accordance with the scheduled departure time, waiting at the said airport for at least eight hours due to the delay in departure.

E. The relevant provisions of the Montreal Convention concerning the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the “ Montreal Convention”) are as follows:

Article 17 (Death and Injury of Passengers - Damage to baggage (1) A carrier shall be liable only when an accident causing death or injury has occurred on board or in the course of getting on and off the aircraft with respect to the damage inflicted upon the death or bodily injury of a passenger.

(2)

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