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(영문) 대전지방법원 천안지원 2017.01.17 2015가단109733

손해배상(기)

Text

1. The Defendant’s KRW 75,675,101 as well as 6% per annum from April 23, 2016 to January 17, 2017 to the Plaintiff.

Reasons

In light of the above legal principles, it is reasonable to view that the defendant cannot be held liable for warranty against defects under the special agreement for exemption from warranty against defects under the contract of this case, since the defendant appears to have voluntarily changed the toilet into an indoor space without the former owner’s request by B.

(2) The sequence

7. The defendant asserts that it is the part which was completed prior to the conclusion of the contract of this case with respect to the non-construction.

Comprehensively taking account of the purport of the entire arguments, the fact that the construction of this part of the construction was executed with a knife, not with a content, by the two and three roofs. The fact that the construction was modified before the conclusion of the instant construction contract does not conflict between the parties, and it is reasonable to deem that the construction of this part of the construction cannot be liable for the warranty of the defendant in accordance with the special agreement to exempt the warranty liability under the instant contract.

③ Considering the overall purport of the arguments and the whole purport of the arguments with respect to the parts constructed in 8400*300 or 5800*3000 among two parts constructed in SSD/3, the title 5,965 *3,165, 12m reinforced glass and the thickness of the creative specifications and the reinforced glass are modified and constructed. However, in light of the progress and progress of the construction of the instant construction, it is reasonable to deem that this part of the construction was modified before the conclusion of the instant contract, as to this part of the construction, it is reasonable to deem that the Defendant’s warranty liability is not possible in accordance with the instant contract.

④ In full view of the health records and the overall purport of the arguments as seen earlier with respect to the part on the Roof 18th wall installation works, this part was changed to the EPS board rather than the bricks.