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(영문) 부산지방법원 2017.09.08 2016나13373
대금반환 및 손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a person who runs a lodging business with the trade name “Chion” (hereinafter “Chion”).

B. The Plaintiff made a reservation to accommodation from the instant pen on August 1, 2016 (hereinafter “instant accommodation reservation”), and the same year

7. 27. 27. The Defendant’s Nonghyup Bank remitted KRW 240,00 (two rooms, two rooms) to the Defendant’s account.

C. On August 1, 2016, the Defendant provided the Plaintiff with accommodation different from the instant penta, and the Plaintiff refused to provide the accommodation provided by the Defendant and sought a different accommodation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff asserted that the plaintiff suffered inconvenience, such as seeking a new accommodation at the latest time, which is provided with other accommodation than the instant pension which was promised by the defendant, and thus, the defendant is obligated to pay 50,000 won (i.e., 2., 2.40,000 won consolation money) and damages for delay to the plaintiff. 2) The defendant's assertion that the defendant notified the plaintiff that the reservation of the instant pension was completed on August 1, 2017, the defendant provided the plaintiff with the pre-sale that the reservation of the instant pension was completed, but the plaintiff continued to request for accommodation reservation and provided the plaintiff with the second floor of the defendant's dwelling. On the date of the reservation, the plaintiff could not be accommodated in the daily campaign and demanded to return the pre-sale price unilaterally, and the defendant did not provide any accommodation different from the pre-contract to the plaintiff.

B. The following circumstances are revealed by adding to the following circumstances, i.e., the Plaintiff’s reservation of accommodation on August 2, 2017 for the instant pension through “D” and individually contact the Defendant after having made an advance promise to do so.

8.1.Additional reservations have been made, which will be convenient for travel.

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