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(영문) 청주지방법원 2015.05.14 2014가합25815
손해배상(기)
Text

1. The Defendant’s KRW 4,368,548 for each of the Plaintiffs, and KRW 5% per annum from February 16, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased D (hereinafter “the deceased”), and the Defendant is a travel agency that entered into an overseas travel contract with the deceased.

B. Around April 2013, the Deceased entered into an overseas travel contract with the Defendant and the travel period from February 10, 2014 to February 21, 2014, Turkey, Egypt, and Egrael for travel.

C. On February 10, 2014, the deceased left Korea on February 10, 2014 under the above contract and moved to Turkey and Egypt travel on February 16, 2014, the deceased died as an accident resulting in a bomb attack by a foreigner on his/her name in the border area located in Egypt City, Tabado (Tba) (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. In light of the fact that a travel agency, as well as ordinary travels, unilaterally determines the terms of a contract on the use of a destination or a travel facility in a superior position as a person who has professional knowledge about the natural and social conditions of a destination, while a travel agency unilaterally determines the safety of a travel contract in accordance with the conditions presented by a travel agency, a travel agency is an incidental duty to a package tour contract to a consumer, who is the other party to a package tour contract, to ensure the safety of the consumer's life, body, property, etc., and makes a reasonable judgment as a specialized travel agency by sufficiently investigating and examining in advance the travel destination, travel schedule, travel administration, and travel service agency's selection of the travel agency, etc. in order to ensure the consumer's safety of life, body, property, etc., and by taking measures to remove the risks in advance, or by notifying the consumer of such intent.

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