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1. The defendant shall pay 57,050,000 won to the plaintiff and 20% per annum from December 5, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On July 20, 2014, the Defendant concluded a travel contract with the Plaintiff for a certain period of 12 days in Russia/North Europe as follows:
(hereinafter referred to as the “instant travel contract”). Aviation for the arrival of the Republic of Korea (hereinafter referred to as the “Scamburt Incheon”) at the port of departure of the air of the Republic of Korea using 5,500,000 won, 37 persons on July 24, 2014 - August 4, 2014, for the travel period of 5,500 won for the travel of 37 persons on August 4, 2014
B. On July 22, 2014, the Defendant paid the Plaintiff the down payment of KRW 18,000,000,000 to the Plaintiff according to the instant travel contract, the Plaintiff was entitled to make a reservation for the Korean Civil Aviation and Scandavian Aviation, and promised other matters including the hotel.
C. In the process, the Plaintiff notified the Defendant that the instant travel contract would incur 50% upon cancelling the contract. Ultimately, the Defendant revoked the instant travel contract around 17:00 on July 23, 2014.
On July 27, 2014, the Defendant prepared and issued to the Plaintiff an agreement to pay KRW 101,750,000 equivalent to 50% of the commission fee out of the total travel amount of KRW 203,50,000 under the instant travel contract (cash storage certificate, Gap evidence 5) by July 31, 2014.
E. The Defendant repaid KRW 44,700,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Gap evidence 4-1, 2, the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 57,050,000 payable to the Plaintiff (=101,750,000 - 44,700,000) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 5, 2014 to the date of full payment, as sought by the Plaintiff.
3. Judgment on the defendant's assertion
A. According to the standard terms and conditions on the Defendant’s assertion 1, when cancelling the reservation for overseas travel one day prior to the date of overseas travel, the commission fee is 30% of the total amount of travel, and the Plaintiff is entitled to receive a commission equivalent thereto from the Defendant.