1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts may be found either in dispute between the parties or in the entry in the evidence No. B No. 1, together with the purport of the entire pleadings:

On November 28, 2015, the Plaintiff entered into a passenger transport contract (hereinafter “instant passenger transport contract”) with the Defendant, who is engaged in the air transport business under the trade name of “Korea Civil Aviation, with a view to using the Defendant’s KS787 aircraft as a letter, arriving at the Incheon International Airport of the Republic of Korea, 09:20 on the same day, after departing from the Incheon International Airport of the Republic of Korea.

B. On November 28, 2015, the Plaintiff boarded the Aircraft (hereinafter “instant aircraft”) on or before 08:00, pursuant to the instant passenger transport contract, on or before November 28, 2015, and the Plaintiff departed from the Incheon International Airport on or around 08:16 of the same day, but immediately after the aircraft take off, the Plaintiff resisted to the Incheon International Airport as a result of a phenomenon where the front wheel bridge part of the aircraft, which is a main landing device to be opened up with the open space of the air on the part of the aircraft, does not normally move.

(hereinafter referred to as “instant accident”). C.

The passengers of the aircraft of this case, including the Plaintiff, re-boarded the alternative aircraft provided by the Defendant at the Incheon International Airport on November 28, 2015, starting from the Incheon International Airport on November 10:51, 2015, and arrived at the port of Kuoka for 2:12 minutes and 52 minutes later than the originally scheduled hours in the same day.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The primary argument is the “Convention on the Unification of Certain Rules Relating to International Carriage by Air” (hereinafter “ Montreal Convention”).

The main text of Article 19 provides that "A carrier shall be liable for damage caused by delay during carriage by air of passengers, cargo or cargo."

As seen in the above paragraph 1, the Plaintiff was not only the time delayed due to late arrival of 2 to 52 minutes compared to the scheduled time of the supply of the Macio Country.