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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. In the first instance court, the Plaintiffs sought the payment of travel expenses, penalty, or solatium to the Defendant. The first instance court partly accepted the travel expenses and the claim for solatium, and dismissed the claim for solatium.
Since the defendant appealed against this, the object of this Court's adjudication is limited to the above travel expenses and the claim for penalty.
2. Facts of recognition;
A. The Defendant is a company running a travel business, etc., and L is a person who, around March 2017, sells travel goods, etc. sold by the Defendant with the Defendant, and the Defendant entered into a contract with the Defendant to pay L fees therefor.
B. Under the above contract, the Defendant used the Defendant’s post of director in selling the Defendant’s travel goods to L, and allowed L to conduct business by providing the customers with a quotation or schedule in the name of the Defendant, and souvenirs produced by the Defendant.
C. L, around January 2018, L, with the name of “(P)P” installed the Defendant’s signboard in his/her office located in Seocho-gu Seoul, Seocho-gu Seoul, and operated a business by using the name of “(P)P,” L, as if it was the Defendant’s travel goods from February 21, 2018 to February 26, 2018, introduced and sold the said products to the Plaintiffs as if it were the Defendant’s travel goods. The airer, mother and child, and Saturdays produced by the Defendant to the Plaintiffs were provided as souvenirs.
The Plaintiffs sent the total of KRW 15,900,000 per person per travel (i.e., KRW 1,590,000,000 on January 23, 2018, and KRW 10,000 on February 5, 2018, and KRW 15,900,000 on February 6, 2018, to the account in the name of Q Q Co., Ltd. known to L (i.e., KRW 1,590,000 on KRW 1,590,000 on KRW 100,000 on February 20, 2018), and received a notice of revocation of travel from L on February 20, 2018.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, and 7 (including branch numbers, if any) and the purport of the whole pleadings
3. Determination as to the cause of action
A. Prior to the occurrence of the liability for damages, L.C. is recognized.