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(영문) 서울중앙지방법원 2018.10.24 2018나29442
항공권대금환급
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

Basic Facts

On August 9, 2017, the Plaintiffs promised two copies of the Asian or 601 aviation tickets (hereinafter referred to as “instant aviation tickets”) that arrive in Australia, starting from the Incheon Airport on September 25, 2017, in the website “htp:/www.webour.com” operated by Defendant Webcom Co., Ltd. (hereinafter referred to as “AB”).

On August 10, 2017, the following day, Defendant Web Business Co., Ltd. announced the Plaintiffs on August 10, 2017 that the seat in the instant airline ticket was secured, the waiting condition was resolved, and that the reservation was automatically cancelled if the payment was not made by August 11, 2017.

Accordingly, the plaintiffs paid the airline ticket price by credit card on August 10, 2017, and 2,344,400 won by individual (i.e., KRW 1,172,200 by individual) x 2) in the name of the airline fee in the name of the defendant Asian Asia-A In the future, the plaintiff (i.e., 10,000 won by individual x 20,000 won by individual x 2) in the name of the airline fee.

After the settlement, electronic air tickets were issued in the future of the plaintiffs.

On August 16, 2017, the plaintiffs asked to the Dispute Resolution Co., Ltd. about whether or not there was a commission or penalty when the purchase was cancelled by disclosing his intention to cancel the purchase of airline tickets. The defendant Web-based Dispute Resolution Co., Ltd. sent the reply that "in the event of cancellation, there is a refund fee of KRW 20,000 won per airline, KRW 10,000 won per airline, KRW 10,000 won per person, and KRW 10,000 won per air service agency."

On August 17, 2017, the following day, the Plaintiffs requested to “the withdrawal of an offer pursuant to the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”) within seven days after the settlement of airline tickets, and the revocation and refund settlement would be possible, as the Plaintiffs wanted to cancel the purchase of airline tickets,” using Defendant Web Port Management Co., Ltd. 1: (a) on August 17, 2017, Defendant Web Management Co., Ltd., and (b) charactered the “request for revocation and refund,” in the page of the online website.

Defendant.

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