손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On April 11, 2018, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 183,000,000 with respect to the apartment unit D (hereinafter “instant apartment”) and delivered the said apartment from the Defendant on April 27, 2018, but there was water leakage phenomenon in the instant apartment unit transferred by the Plaintiff.
B. On May 16, 2018, the Plaintiff entered into a contract for the interior construction project with the KCAE on the instant apartment complex, and paid the construction cost of KRW 10,000,000 to a bank account designated by the representative director F on May 21, 2018. Of which, the construction cost related to the replacement of pipelines for the prevention of water leakage is KRW 3,80,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition as to the cause of the claim, the defendant, the seller of the apartment of this case, is obligated to pay the plaintiff, the buyer, the compensation for the damages arising from the warranty against defects, the amount of KRW 3,800,000 paid by the plaintiff for construction costs for the prevention of leakage
B. As to the judgment on the Defendant’s assertion, the Defendant carried out the construction of water leakage repair before entering into a sales contract on the apartment of this case, and the damages alleged by the Plaintiff were not incurred by new water leakages after the Defendant’s repair work, and thus, the Plaintiff did not have the obligation to pay the water leakage prevention construction cost.
According to the evidence No. 1-1 and No. 2, it is recognized that the Defendant entrusted the construction of the apartment of this case to G on April 9, 2018, before selling the apartment of this case to the Plaintiff, and paid the construction cost of KRW 530,000 on April 13, 2018.
However, according to the statement of Eul evidence No. 2 in the state where water leakage defects remain, G confirmed water leakage from the dyke of the apartment of this case at the defendant's request on April 9, 2018.