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(영문) 인천지방법원 2017.01.11 2015가단72971

손해배상

Text

1. The Defendant’s KRW 6,558,998 and its relation to the Plaintiff shall be 5% per annum from March 20, 2015 to January 11, 2017, and the next day.

Reasons

1. Determination as to the claim for damages caused by defects

A. On February 25, 2015, the Plaintiff asserted that the Plaintiff: (a) sold the building C and 402 of the Nam-gu Incheon Metropolitan City (hereinafter “instant real estate”) from the Defendant on March 20, 2015; and (b) occupied on March 20, 2015; and (c) there was a defect in the instant real estate from the date immediately after the occupancy; (b) thus, the Defendant is obligated to pay the Plaintiff KRW 28,00,000 as compensation for the damages

B. The following defects may be acknowledged in full view of Gap evidence Nos. 8 and 9, part of Gap evidence Nos. 3 and the video, and the purport of the entire pleadings as a result of the appraisal of defects against appraiser D by this court, and the amount of damages is as follows.

1) There is a gap in the inner, erosion room 2, and the inner, erosion room 3 walls creshes in the inner part, which is vulnerable to the occurrence of a crepit. 2) From the part of the reinforced floor constructed on the living room and bed room floor, the new part of this crepits are somewhat larger than other crepits, thereby resulting in the progress of mixing of foreign substances and gushes.

3) One side of the living room balcony window is damaged and excellent in water flow. The defendant asserts that the plaintiff's removal of the article was damaged by the balcony window, etc., but the window made of synthetic resin which is not easily damaged does not seem to have been easily damaged by the removal of the article, etc., and the defendant's assertion is not accepted as it does not seem to have been damaged due to the removal of the article, etc., since the form of the window made of synthetic resin which is not easily damaged is well damaged, and it does not seem to have been damaged due to the removal of the article, etc.

5) There is a defect in a living room's wall softing, and the part where a part where the wall studio part of the wall studio part may be faced with one another in a daily life, and it is not clear whether the defendant's execution was erroneous or not, and thus, it is not recognized as a defect. 6) Each bet room and bath room.