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(영문) 서울중앙지방법원 2015.11.27 2013가합78902
손해배상(기)
Text

1. The Defendant’s KRW 400,221,11 as well as the Plaintiff’s annual rate of KRW 5% from February 9, 2013 to November 27, 2015, and the following.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is a father-child and doctor who are operating a member of the Council called “Csan Women’s Council” in Seongbuk-gu Seoul. D and E are the Plaintiff’s children, and the Defendant is a travel agency which entered into a travel contract with the Plaintiff.

B. From February 6, 2013 to February 11, 2013, the Plaintiff entered into a travel contract with the Defendant (hereinafter “instant travel contract”) with five (6) days from February 6, 2013 to five (5) days from February 11, 2013; (4) the Australian Sinan and its neighboring areas; and (5) the travelers, when the Plaintiff, D, and E (hereinafter collectively referred to as “Plaintiff, etc.”) as three (3) members of the travel contract.

The travel contract of this case is a planned trip, i.e., a one-time package trip, which is conducted on behalf of a traveler who intends to make an overseas trip by setting out in advance the destination and schedule of the trip, the contents of services, such as transportation and lodging, and the charges for the travel, and by inviting participants to participate in the contract.

C. Major contents of the travel terms and conditions are as follows. The Defendant’s travel terms and conditions (hereinafter “instant travel terms and conditions”).

Article 2 (Obligations of Party Parties and Travelers) (1) us will faithfully perform the duties assigned to tourists in the course of establishing and implementing travel plans, such as brokerage of travel, guidance, transportation, lodging, etc., in order to provide travelers with safe and satisfactory travel services.

Article 4 (Composition of Contracts) (1) The travel contract shall include the travel contract and the travel terms and conditions, the schedule of travel (or a description of travel) as the contents of the contract.

(2) A schedule of travel (or a description of travel) shall include the destination, contents of tourism, means of transportation, the number of shopping frequencies, accommodation places, meals, etc. of each date of trip, and the service to be provided by us, and the details of service to be provided by us.

Article 8 (Liability of Party Parties) our country or its employees from the time of departure to the time of arrival.

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