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(영문) 서울중앙지방법원 2015.12.18 2014가합585438
손해배상(기)
Text

1. The defendant,

A. The Plaintiff KRW 125,109,231 as well as 5% per annum from June 13, 2014 to December 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the deceased’s sole heir as the deceased’s father’s father’s father’s wife (hereinafter “the deceased”).

The defendant is a company that engages in the business of arranging so-called "to-door travel" in which tourists are recruited after determining the schedule, destination, transport and accommodation service, travel fees, etc. for persons who wish to travel overseas, and then recruiting tourists.

B. The Defendant may conclude a package tour agreement (hereinafter “instant tour agreement”) with the Deceased and the Deceased’s Company B, E (hereinafter collectively referred to as “the Deceased”), stating that “the travel period from June 10, 2014 through June 14, 2014 to June 14, 2014, the Defendant visited the Philippines detailed details and Bodole for three hours, and visited the Philippines during three-day travel period, thereby enjoying a marine sports, such as snking, fishing, scood, etc., and enjoying the Snoring, and drinking food composed of dissolved articles” (hereinafter “instant tour agreement”).

C. Around 14:30 on June 12, 2014 under the instant travel contract, the Deceased died at around 15:35 minutes on the same day (hereinafter referred to as “instant accident”). Around 14:30 on June 12, 2014, while having been engaged in snocing experience at the sea of the Switzerland Snocing Island, the deceased was found to leave the water above the water, and the Defendant died at around 15:35 minutes on the same day while he was sent to the hospital by F, etc. as the Defendant

(ii) [Ground of recognition] unsatisfy, and evidence A from 1 to 5 (including each number);

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. Judgment on the plaintiff's claim

A. (1) Whether a travel agency is liable for damages) the planning travel agency’s duty to ensure the safety of the travel agency is a person who has expertise in the natural and social conditions of the destination as well as ordinary travel, and unilaterally determines the terms of the contract on the use of the destination or travel facilities in a superior position.

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