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【Main Issues and Holdings】
[1] Where the places of departure and destination are situated all in the territories of the parties to the Convention for the Unification of Certain Rules Relating to International Carriage by Air, whether the above Convention applies to legal relations relating to international carriage by air in preference to the Civil Act or the Commercial Act (affirmative)
Whether the applicable law under the Act on Private International Law of the Republic of Korea, which has jurisdiction, is supplementally applicable to matters regulated by the above Convention (affirmative) and whether the rights and duties of the parties to the contracts for international carriage by air should be determined in consideration of the law applicable to legal relations of the parties as well as the above Convention (affirmative)
[2] Meaning of the term “damage” (held: property damage) stipulated in Article 19 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air and whether mental damages are included therein (negative in principle)
Whether liability to compensate for metal damage may be recognized according to the law applicable supplementally even if it is not stipulated in the above Convention (affirmative)
Where passengers, etc. alleging that they suffered metal damage arising from delay in the carriage by air, claim damages against air carriers based on the supplementary applicable law, the law applicable thereto (held: the applicable law in accordance with the Act on Private International Law)
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