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(영문) 서울고등법원 2015.04.30 2015나2002094
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, the reasoning of the court’s explanation is as stated in the reasoning of the first instance judgment, except for partial revision as follows. Thus, it is acceptable in accordance with the main sentence of Article

The 3-party 15-party 15-party 15-party 3 of the judgment of the first instance shall be amended to "A's materials".

The following shall be added to “reasonable point” of the 7th sentence of the first instance judgment:

The Plaintiff asserts that “The scope of exemption under Article 7 shall be limited to the damage caused by the suspension of flight due to a temporary force majeure event, such as weather disorder or gaseous defect. However, according to Article 7, a pilot may suspend flight, i.e., when deemed that the safe flight is hindered. In such cases, the Defendant shall not be held liable for the damage caused by the suspension of flight, and the ground for the suspension of flight of the pilot D cannot be deemed temporary for the reasonable reason as follows. Thus, the ground for suspension of flight under Article 7 should be deemed to exist.

1) The following shall be amended from the 8th sentence of the first instance judgment to the 19th sentence.

The plaintiff cannot rescind the transportation contract of this case on the ground of the defendant's default. Therefore, the plaintiff's argument is without merit without any need to further examine the remaining points.

2. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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