2013Gais76458 Return of deposit

A person shall be appointed.

Attorney Shin Tae-tae et al.

B A.

September 25, 2014

October 23, 2014

1. The defendant shall pay to the plaintiff 445,40 won with 5% interest per annum from June 18, 2013 to October 23, 2014, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. 3/4 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall serve 1,735,400 won on the plaintiff and a copy of the complaint of this case shall be served on the plaintiff.

It shall pay 20% interest per annum from the date of full payment to the day of full payment.

1. The plaintiff may rescind the travel contract of this case in accordance with Article 15(2)2 of the travel contract of this case. Accordingly, the defendant bears the duty to return the money received from the plaintiff as the restoration to original state.

2. Furthermore, in principle, the Defendant, in relation to the scope of restitution, shall return all the money received from the Plaintiff. However, in the instant case, the Plaintiff’s prompt rescission of a contract could not receive refund fees for airline tickets and accommodation charges paid to the local lodging establishment, and thus, the Defendant’s duty to restore only that part was impossible. In view of the fact that the cause of nonperformance occurred in the Plaintiff’s jurisdictional area, ordering the Defendant to refund the airline ticket refund fees or accommodation charges that cannot be refunded to the Defendant is unreasonable in light of the principle of equity.

3. Therefore, the defendant is obligated to return only the remaining money except the above money that cannot be refunded to the plaintiff.

Judge Han Han-han

* The ruling of small-sum case may choose not to state the reasons in accordance with Article 11-2(3) of the Trial of Small Claims Act.