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(영문) 서울중앙지방법원 2015.02.02 2013가단319750
손해배상
Text

1. The Defendant’s KRW 1,185,901 as well as 5% per annum from January 25, 2014 to February 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff concluded an overseas travel contract with the Defendant to travel in Indonesia from October 20, 2013 to October 26, 2013 (hereinafter “instant contract”) and set the contract amount as 2,090,000 won per capita per capita, and accommodation facilities as Libaget (hereinafter “the hotel in this case”). The said contract is a planned trip, i.e., a package for a traveler who intends to travel in Korea, by setting in advance the destination and schedule of the trip, details of services, such as transportation and lodging, provided to the traveler, and matters concerning the charges, etc., and by inviting participants to participate therein.

B. On October 24, 2013, the Plaintiff was subject to the instant accident where the instant hotel swimming pool was destroyed by the bottom of the hotel swimming pool (hereinafter “the instant accident”).

C. The main contents of the overseas travel terms and conditions applicable to the instant contract (hereinafter “instant terms and conditions”) are as follows.

Article 2 (Obligations of Party Parties and Travelers) (1) us will faithfully perform the duties entrusted in the formulation and implementation of travel plans, such as brokerage of travel, guidance, transportation, lodging, etc., to provide travelers with safe and satisfactory travel services.

Article 14 (Compensation for Damages) We may refuse to conclude a contract with a traveler in any of the following cases:

(1) Our country shall compensate a traveler for any loss caused by intention or negligence of a local travel agency, etc. to the traveler.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 5, video of evidence A8, purport of whole pleadings

2. The plaintiff's assertion is the planning travel agency's duty to protect travel agents as a whole, and the local travel agency's intent.

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