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(영문) 서울서부지방법원 2018.11.01 2016가단243118

손해배상(기)

Text

1. The Defendant’s KRW 76,480,00 and the Plaintiff’s annual rate of KRW 5% from September 29, 2016 to November 1, 2018.

Reasons

1. The plaintiff asserted that he purchased a commercial building from the defendant. Since there are a decline in the market price of KRW 191,200,000 as stated in the claim rather than the normal market price in the absence of columns in several columns inside the building, the defendant is obligated to pay KRW 191,20,000 to the plaintiff according to the legal principles of damages due to non-performance of obligation under the good faith principle or seller's warranty liability.

2. Facts of recognition;

A. The Plaintiff, as a member of the Defendant Union, was a director of the Defendant Union, and was a director of the Defendant Union on June 2018.

B. The Defendant for the perusal and public announcement of the design drawing and the application for the parcelling-out of commercial buildings, the design drawing twice the size of the paper No. 5 (hereinafter “a ground plan”) was posted in advance at the association office, made it possible for the association members to peruse, and received an application for the parcelling-out of commercial buildings from the association members on February 3 and 4, 2016. The association members confirmed the location of commercial buildings through the ground plan posted each time, and submitted an application for the allocation of building blocks and numbers in the form of commercial buildings as stipulated in the first, second, several, and third and third order.

Accordingly, the Plaintiff submitted the application under the first, second, D, and third, and received the application under the second, following competition, and entered into a contract on February 2016 between the Defendant and the Defendant for the supply of the commercial building in which the purchase price is KRW 659,400,000 for the unit price of KRW 266,40,000.

C. However, within the commercial building of this case, there are columns as indicated in the separate sheet. If the commercial building of this case is expanded among the above floor plan, it is as stated in the annexed sheet, and according to this, three columns listed in the annexed sheet No. 2, 3, and 4 are the same as the columns attached to the wall.