손해배상
1. The Defendant (Counterclaim Plaintiff) pays KRW 10,565,743 to the Plaintiff (Counterclaim Defendant).
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. On February 20, 2016, the Plaintiff entered into a contract with the Defendant to purchase the Plaintiff’s housing of two general wood structure C 1 Dong-si, Leecheon-si (hereinafter “instant housing”) with the purchase price of KRW 235 million ( March 29, 2016) (hereinafter “instant contract”). On March 25, 2016, the Plaintiff completed the registration of ownership transfer on the instant housing on March 25, 2016.
B. The Plaintiff did not pay the Defendant the remainder of KRW 40 million out of the contract price of the instant case on the ground that there was a defect in the instant house.
C. In the instant housing, an unregistered construction or defect, such as the items indicated in Nos. 1, 2, 3, 5, 6, and 8 of the attached Table, has occurred, and total of KRW 10,565,743 is included in the repair cost.
[Evidence: Evidence Nos. 1 to 4, No. 1 and 2 (including paper numbers), appraiser D's appraisal result, and purport of the whole pleadings]
2. Determination on the principal lawsuit and counterclaim claim
A. 1) The Plaintiff’s assertion 1) caused a defect in the above house, such as fung fung fung fung fung fung fung, etc., due to the defective construction of the instant house or the leakage of water, etc. through the construction of the instant house. Despite the Plaintiff’s request for repair of the defect, the Plaintiff did not perform the repair of the defect, and there is a defect in the amount equivalent to KRW 10,565,743 in the above house because the Defendant did not perform the repair of the defect, and thus, the Defendant is obliged to pay the Plaintiff damages for delay at a rate of 15% per annum from the day following the delivery of the application for alteration of the purport of the instant defect repair and its cause of the claim, to the day of complete payment. 2) The Defendant’s fung fung fung fung fung in the third floor of the instant house, which was caused by a fung fung fung fung, which was contaminated by the Plaintiff’s request.