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(영문) 서울중앙지방법원 2020.11.12 2019가단5088664
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that, at the Defendant’s request, the Plaintiff carried out the duties of an overseas training program (hereinafter “instant program”) for employees affiliated with C (hereinafter “C”) in detail, and subsequently entered into a local hotel reservation and tourism service contract (hereinafter “instant service contract”) with the Defendant as necessary for the instant program.

In accordance with the instant service contract, the Plaintiff commenced the implementation of the instant service contract, such as planning the local hotel guest rooms, etc. and planning detailed travel schedule, but the instant service contract with the Defendant was finally null and voided, making it impossible to carry out the instant service contract at the wind.

As long as the contract of this case was impossible due to the defendant's fault, the defendant is obligated to pay to the plaintiff the service cost equivalent to the above hotel reservation price and the amount equivalent to the advance return cost as the amount of damages equivalent to the execution profit

2. Determination on the cause of the claim

A. In order to establish the relevant legal doctrine, a mutual agreement between the parties is required to exist, and such mutual agreement should not be required with respect to all matters constituting the content of the relevant contract, but there is a specific agreement on the essential or important matters or at least an agreement on standards and methods that may specify the future in detail.

(See Supreme Court Decision 2005Da39594 Decided November 24, 2006, etc.). B.

Judgment

Comprehensively taking account of the respective descriptions and the overall purport of the arguments of Gap evidence Nos. 1 through 10 (including each number; hereinafter the same shall apply), the plaintiff was requested by the defendant to conduct the instant program on behalf of the defendant to provide local hotel accommodation reservations, travel guide, etc., and provided the services necessary for local preliminary answers and local hotel reservations and tourism.

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