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(영문) 대구지방법원 2017.06.20 2015가단118592

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 4,065,338 and the interest rate of KRW 15% per annum from October 8, 2015 to the date of complete payment.

Reasons

1. In full view of Gap evidence Nos. 1, 2, and 3 of the judgment on the cause of the claim, and the result of the commission of appraisal of the appraiser B of this court's appraiser B of this case, the defendant, on August 10, 2014, sold to the plaintiff at KRW 139,00,00 of the total sale price of Cheongong-gun, Chungcheongnam-gun, 202 Dong 402 (hereinafter "the loan of this case") to the plaintiff on August 10, 2014, the defendant submitted a defective diagnosis report that the construction cost of this case was at least KRW 32,130,38,00 as the result of the defect appraisal of this case around July 2015, it is reasonable to deem that Eul submitted the defective diagnosis report that the total defect repair cost was at least KRW 32,130,867, such as the defect repair cost of this case, as the defect appraisal of this case in attached Form No. 4,065,3836,364 of the repair cost.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from October 8, 2015 to the day of complete payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff, as the repair cost of the instant loan, for the repair cost of the instant loan.

2. The defendant's argument regarding the defendant's assertion was compensated for the defects in the loan of this case, agreed with other residents of the loan of this case, and the defendant's assertion that he can be compensated for the insurance money at any time due to the issuance of the certificate of performance guarantee for defects. However, since there is no evidence to acknowledge this, the defendant's argument is not accepted.

(3) If the plaintiff's claim of this case is justified, it is so decided as per Disposition by the assent of all participating Justices. (4) The defendant continued six times to submit evidence, but the defendant did not appear at a time on the date of pleading. (3) The plaintiff's claim of this case is justified.