In a case where Gap corporation, which organized a friendly competition with a foreign team, promoted that a specific player would participate in the competition for at least 45 minutes, and Eul et al., who actually participated in the competition, filed a claim for damages against Gap corporation for damages, the case holding that Gap corporation shall compensate for damages in light of all the circumstances, in light of all the circumstances.

A Co., Ltd. holding a friendly competition with a foreign sports team promoted that a specific player will participate in the competition for at least at least 45 minutes, and as such, as the above player did not travel at all, it is a matter of seeking damages against A.

Many spectators including Eul et al. purchased admission tickets to see the appearance of a specific player's game on the site, not merely a friendship match with a foreign team, and they do not make a business trip for at least 45 minutes of the above player's participation, and they considerably damaged the trust of the public. Thus, they suffered from an unreparable mental suffering due to the refund of admission fees, and the company Gap knew or could have known such circumstance, and the necessity to prevent the recurrence of the same situation in large-scale profit-making activities is also great.

Articles 390 and 393 of the Civil Act

Plaintiff 1 and one other (Attorney Kim Young-min, Counsel for the plaintiff-appellant)

Furthermore, Inc. (Attorney Kim Jong-hwan et al., Counsel for the defendant-appellant)

January 14, 2020

1. The defendant shall pay to the plaintiffs 371,00 won with interest rate of 6% per annum from August 9, 2019 to February 4, 2020, and 12% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Human beings are the existence of pursuing mental enjoyment by cultural life, such as meeting simply food and drink, reading books for leisure time, music, viewing drama, film, sports games, etc. It is the existence of pursuing mental enjoyment. The essential purpose of running these cultural life is to enjoy mental enjoyment.

In general, until customers experience all cultural products directly, the contents of the goods and the reduction of the goods are difficult. Therefore, customers are reliance on the explanation, advertisement, etc. of the goods and purchase money first. If the contract on cultural life is not complied with, the mental enjoyment is subjective, even if the contract on cultural life is not fulfilled, it is necessary to compensate for damages for the failure to enjoy it.

In the event of nonperformance of ordinary duties involving contributors, players, etc. in the drama, sports games, etc. which are held continuously and continuously in a certain manner, other books or the following drama, sports games, etc. shall be exchanged, refunded, and compensation for the necessary expenses added accordingly. However, in the case of a cultural product with a special meaning that is impossible to replace, the refund alone cannot be deemed as compensation for damages caused by a loss of opportunity to enjoy mental enjoyment.

2. The defendant publicizeds that the non-party player, who was within 12 years of the game of this case, was actually participating in the game of this case for at least 45 minutes, and since the articles of various media companies related to the game of this case, the interview of the defendant representative director, the defendant's letter of apology published after the game of this case, and the defendant's ○○○○○○ Team was out of 30 jums in a country's troke, and entered into 10ths after he joined the non-party player in the game of this case, many spectators, including the plaintiff, have raised the importance, figures, career, and career of the non-party player in the game of this case, more than any other player, and the status within the ○○○○○○○○ team, etc. was purchased to directly view the non-party player's appearance in the field of the game of this case, the non-party player's participation in the contract of this case was important for at least 45 minutes.

However, the games in this case were delayed for 50 minutes compared to the scheduled time, and the Nonparty players did not make any business trip at all while in the stadium, and caused a large number of public figures to lose their game patterns for a long time. Since their trust was considerably damaged, the public officials suffered an irrecoverable mental suffering due to the refund of entrance fees, and the Defendant knew or could have known such circumstances.

In addition, the influence of the situation is significant and broad in society and economy as well as public criticism and decentralization of the general public. Therefore, the necessity to prevent the recurrence of the above situation is large in such large-scale profit-making activities.

3. However, even though the Defendant had been aware of the Nonparty’s intentional non-party player’s failure to travel, it was not yet proven that the Defendant had made a false or exaggerated advertisement. The Defendant issued a letter of apology to the spectators who had been lost after the instant games, and the Plaintiffs, including KRW 71,00,00, respectively, including the number of visitors to the instant games and the admission tickets, and the price and the price of the admission tickets, shall be determined as damages, taking into account the various circumstances shown in the instant pleadings, including the price of admission tickets and the maximum price.

Judges Lee Jae-chul