1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 16, 2017, the Plaintiff entered into a contract with the Codefendant C Codefendant Co., Ltd. (hereinafter “C”) on the package tour goods that traveled to Australia and New Zealand for eight (10) days from October 16, 2017 to the 25th day of the same month, and paid KRW 5,380,000 for two (2) travel expenses.

B. Meanwhile, the aforementioned travel goods are directly carried out by the Defendant, not C, and C is the relationship in which only a certain amount per customer out of the total travel expenses paid by the customer, should be held as a fee and the remainder should be paid to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading

2. The Plaintiff’s summary of the Plaintiff’s claim was informed C by mistake and did not use air flights reserved against the failure to obtain the right to air tickets from Australia and New Zealand Ireland (e.g., the Plaintiff did not use the air flights reserved to make a reservation at the Incheon Airport port, and the Plaintiff did not go late to purchase the drat-to-land shuttle airline tickets again, and thereby did not set a daily trip schedule on October 17, 2017.

The Defendant was unable to receive the Plaintiff’s daily travel expenses from C, and forced the Plaintiff to make a re-payment by threatening the Plaintiff to “shall not pay a certain amount without paying the travel expenses” through the local street, etc., and accordingly, the Plaintiff suffered a large mental suffering.

Therefore, the Defendant’s 675,000 won (1/8 of the total travel expenses) equivalent to the daily travel expenses of the Plaintiff (1/675,000 won per person) is 2,690,000 won per person, and 1/8 of the goods is 672,500 won, and 675,000 won is 672,50 won, and the above 675,000 won is 672,50 won.

The consolation money for mental suffering shall be paid in 500,000 won and damages for delay.

3. Determination on this safety defense

A. The Defendant’s assertion that the Plaintiff sought against the Defendant as the instant lawsuit (hereinafter “instant claim”) constitutes a rehabilitation claim, and the Plaintiff’s claim in the rehabilitation procedure against the Defendant constitutes a rehabilitation claim.