Text
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. The reasons why this Court should explain this part of the basic facts are as follows: (a) travel service, except that the travel service “stampm” under the second sentence of the judgment of the court of first instance, is as stated in the corresponding part of the reasons for the judgment of the court of first instance; and (b) therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The court's explanation on the existence of liability for damages is as follows: (a) between the second and the third in the fourth in the judgment of the court of first instance as above; (b) between the fourth and the fourth in the judgment of the court of first instance, and (c) between the fourth and the fourth in the fourth in the judgment of the court of first instance as well as the fourth in the following second in the judgment of the court of first instance; and (d) it is identical to the corresponding part of the reasons in the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act
1) In order to ensure the safety of travelers’ lives, bodies, property, etc., a planning travel agency shall sufficiently investigate and examine the destination, travel schedule, travel administration, and travel service agency’s selection, etc. in advance, and, during the implementation of the travel contract, take measures to remove the risks that travelers may face in advance, give travelers an opportunity to choose whether to accept the risks, etc. by notifying the travelers of the intent. If the terms and conditions used by the planning travel agency provide for the contents and scope of the travel agency’s responsibility for the travelers, it shall be deemed that the above safety consideration obligation is specified in the principle of good faith (see, e.g., Supreme Court Decision 2011Da1330, May 26, 2011). As such, Articles 8 and 14(1) of the terms and conditions of the travel contract of this case may be deemed to specify the duty of safety consideration in accordance with the principle of good faith, which the Defendant, a planning travel agency, as an incidental duty under the planning travel contract.