1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The claim for the return of KRW 381,600 for airline tickets was accepted in the first instance court’s trial scope, and the claim for the payment of KRW 500,000 for consolation money was dismissed.

Therefore, since only the defendant appealed, only the part of the claim for return of 381,600 won for airline tickets is subject to the judgment of this court.

2. Basic facts

A. On June 29, 2018, the Plaintiff purchased two copies of the Eair tickets (hereinafter “instant airline tickets”) that arrive at the Switzerland, starting from the French Paris on October 21 of the same year through the Defendant’s online website (D).

The plaintiff paid 381,600 won of the airline ticket by credit card, and immediately after the settlement, the plaintiff issued the electronic airline ticket in the future.

B. On July 2, 2018, the Plaintiff expressed his/her intent to cancel the purchase of airline tickets to the Defendant via the website and telephone, etc., but the Defendant respondeded to the purport that there is little amount of refund because it is processed based on airline regulations at the time of cancelling the purchase of airline tickets.

C. The Plaintiff filed the instant lawsuit on the following grounds: (a) if a consumer who purchased aviation tickets through consultation with the Korea Consumer Agency withdraws his/her offer to purchase aviation tickets within seven days from the date of purchase, the Plaintiff may request the return of purchase price pursuant to the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”); and (b) filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1, Eul 2, 4 and 5 evidence (including additional numbers), the purport of the whole pleadings

3. The parties' assertion

A. The plaintiff's assertion withdrawn the offer within seven days after purchasing the airline ticket of this case pursuant to Article 17 (1) of the Electronic Commerce Act, and the defendant is obligated to return the airline ticket price within three business days from the date of cancellation of the offer pursuant to Article 18 (2) of the same Act.

B. The defendant's assertion 1 is an agency that assists the consumer to enter into an aviation ticket purchase contract between the consumer and E, and it is an agency fee from the plaintiff.