손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 10, 201, the Plaintiff entered into a contract with the Defendant to build multi-household housing (hereinafter “instant housing”) on the land of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Plaintiff owned, and set the construction price at KRW 450 million.
B. On May 7, 2012, the Defendant completed the instant house and obtained approval for use.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, and Eul evidence 5
2. The plaintiff and the defendant's assertion
A. The Defendant asserted that the instant house was constructed or constructed differently from the design drawing, and that there was a defect due to defective construction.
Therefore, the Defendant shall pay to the Plaintiff damages in lieu of defect repair KRW 17,218,274 based on the appraisal results, and KRW 26,357,675, excluding overlapping parts from the sum total of KRW 9,731,663 based on the inquiry results, and delay damages therefrom.
B. The plaintiff's assertion that the plaintiff promised not to raise an objection to the defendant as to the defect in the housing of this case, and the defect alleged by the plaintiff is not caused by the defendant's construction, and thus the plaintiff's claim is unreasonable.
3. In full view of the purport of the entire pleadings in the statement Nos. 3 and 4 regarding the determination of the legality of the instant lawsuit, the Plaintiff and the Defendant, after the completion of the instant housing, may recognize the fact that on May 14, 2012, the Plaintiff and the Defendant agreed to pay to the Defendant the amount of KRW 40 million for the construction cost unpaid until June 14, 2012, and the warranty bond shall be borne by the Plaintiff, and a defect warranty bond shall be borne by the Plaintiff, and a civil or criminal objection shall not be raised against the instant housing construction.
According to the above facts of recognition, the plaintiff and the defendant seem to have agreed on the defect of the housing of this case, so the lawsuit of this case filed in violation of such agreement is unlawful as there is no benefit of protection of rights.
The plaintiff waives the above agreement to claim repair of defects against the defendant or to claim compensation in lieu thereof.