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1. The Defendant: (a) KRW 12,545,454; and (b) KRW 10,696,516; and (c) KRW 6,863,636; and (d) KRW 6,863,636, respectively.
Reasons
Basic Facts
The defendant is a company established for the purpose of overseas travel business, overseas travel brokerage business, etc.
Plaintiff
A is the spouse of the deceased G (hereinafter referred to as "the deceased"), and the plaintiff B, C, D, and E are their children.
The Deceased, Plaintiff B, and E, etc. entered into a package tour agreement with H Co., Ltd. to travel Vietnam Pu Quc from December 24, 2017 to December 24, 2017, and traveled to the said area for the said period. Around December 21, 2017 during the said period of travel, they entered into the package tour agreement (hereinafter referred to as “instant agreement”) with the Defendant and Puokok with a view to enjoying maritime sports, such as fishing on the boat, and taking advantage of food that consists of a dissolved object, such as a package tour agreement (hereinafter referred to as “instant agreement”).
The Deceased concluded the instant contract. On December 22, 2017, around December 22, 2017, the Deceased had Shom Island experience on the sea near the Shom Island (Thom Island) located in the south of the Vietnam Potan area. Under the instant contract, the Deceased is an accident of this case (hereinafter “instant accident”).
[Ground for recognition] Facts without dispute, Gap 1 to 8, 11, 12, 20, 21 evidence (which include each number; hereinafter the same shall apply)
On the other hand, a travel agency planning and having expertise in the natural and social conditions of destination as well as ordinary travels, unilaterally determines the terms of a contract on the use of a destination or travel facilities in a superior position. On the other hand, a travel agency planning and travel agency which performs the duty of safe consideration of the defendant's liability for damages, as a whole, unilaterally determines the terms of a contract on the use of a destination or travel facilities in a superior position.
Considering this point, if the planning travel agency concludes a travel contract with a traveler, it is reasonable to view that it bears the duty of safety consideration as follows: