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TITLE Supreme Court Decision 2018Da286550 Decided April 3, 2019【Damages (Etc.)】 [full Text]
Summary
[1] In the event that a person, who concluded an agreement with a travel agency, suffered an injury while traveling abroad caused by the travel agency’s willful or negligent act, the requirements for additional expenses incurred therefrom, including the cost for transporting the injured traveler back to one’s country, to be included in the scope of ordinary damages incurred by such willful or negligent act by the travel agency
In such case, whether the aforementioned damages ought to be deemed as foreseeable, despite being considered as damages that arose through special circumstances (affirmative)
[2] In a case where Party A, who concluded an agreement with travel agency Party B, suffered emotional distress caused by an accident while traveling overseas, the Court holding that, in view of overall circumstances, expenses incurred by Party A following the accident, i.e., expenses for transporting the injured traveler back to his or her country, staying in the relevant country to receive medical treatment, and international phone calls, may be deemed as ordinary damages to which there is a proximate causal link with Party B’s contractual breach of the duty of care and/or breach of the duty of safety consideration in line with the good faith principle
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