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1. The Defendant: (a) on June 2, 2017 to June 2, 2017, as well as each of the two million won and each of the money to the Plaintiff (Appointed Party) and the appointed parties.
Reasons
1. Facts of recognition;
가. 피고는 항공여객운송업 등을 영위하는 회사이고, 원고(선정당사자) 및 선정자들(이하 ‘원고 등’이라 한다)은 피고가 취항하는 다낭 ⇒ 인천 노선의 항공권을 구입하여 2018. 6. 1. 01:35경 베트남 다낭 국제공항에서 출발하는 인천행 항공기 C편(이하 위 항공기의 기체를 ‘이 사건 항공기’라 하고, 해당 운항편을 ‘이 사건 항공편’이라 한다)으로 귀국이 예정되어 있던 승객들이다.
B. However, on the date of the departure, the departure time was postponed due to the defect of compliance with the aircraft of this case.
C. The Plaintiff et al. was waiting to board the aircraft of this case after completing the entire course of boarding process at the airport prior to the scheduled departure time, and then, at around 06:50 on the same day, the Defendant resolved board and lodging at the accommodation fixed by the Defendant, and returned to Korea through the aircraft of this case at around 16:05 on the same day.
(The delay in operation as above hereinafter referred to as "the delay in arrival of this case"). / [The ground for recognition] without dispute, Gap evidence 2, Eul evidence 11, 12, 20, and 22 (including paper numbers) or images, witness D's testimony and the purport of the whole pleadings.
2. Establishment of liability for damages;
A. (1) The Montreal Convention on the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the “ Montreal Convention”) signed and entered into force in Korea on December 29, 2007. The term “international carriage” is subject to the principle of “all international carriage of passengers, baggage, or cargo carried out at cost by aircraft” (Article 1 Subparag. 1). The term “international carriage” here refers to carriage, regardless of whether or not there is the suspension of carriage or transshipment between the parties, whose departure and arrival are in the territory of two Parties, or whose departure and arrival are in the territory of a single Party, as agreed upon by the parties.