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(영문) 서울중앙지방법원 2019.06.25 2018나10110

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

Comprehensively taking account of the occurrence of liability for damages caused by defects in the subject matter of the judgment on the cause of the claim, as well as the statement in the evidence No. 1-1 and No. 5-2, and the purport of the entire pleadings in the testimony of the witness C of the first instance trial, the Plaintiff purchased the Gangnam-gu Seoul Metropolitan Da apartment E (hereinafter “instant apartment”) from the Defendant and the selector (the co-owners of each of the 1/2 shares of the instant apartment) on September 18, 2016. The Plaintiff is recognized to have paid expenses by investigating the water source and repairing the heating distribution system around January 4, 2017 due to the occurrence of water leakage in the instant apartment, and thus, the Defendant and the selector shall compensate the Plaintiff for damages equivalent to the repair cost caused by defects in the subject matter of the sale.

In full view of the evidence Nos. 5-1 and 10 of the amount of damages calculated, and the testimony of the witness C of the first instance trial, the amount of damages caused by the defects of the apartment of this case shall be KRW 700,000 [30,000 (the receipt of the document No. 5-1 of the evidence No. 5-1) for the repair cost of the heating distributing machine (the receipt of the document No. 100,000 won)].

If so, the defendant and the selection are liable to pay to the plaintiff the damages amounting to 3.50,00 won (70,000 won x 1/2) per annum as stipulated in the Civil Act from October 12, 2017 to January 17, 2018, which is the date following the delivery of a copy of the claim of this case and the application for modification of the cause thereof, as sought by the plaintiff, to the plaintiff, 5% per annum as stipulated in the Civil Act from October 12, 2017 until January 17, 2018, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day

The Plaintiff asserts that the obligation of the Defendant and the designated parties to pay all the purchase price of the apartment of this case to the account in the name of the Defendant is in a non-joint and several relationship. However, the foregoing circumstance alone alone alone is the warranty against the joint and several property.