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(영문) 제주지방법원 2017.01.24 2016가단2009

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 4,512,103 and the interest rate of KRW 15% per annum from February 25, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 2015, the Plaintiff purchased B No. 201 of the second floor B (hereinafter “instant building”) from the Defendant from the Defendant for sale in the amount of KRW 243 million. On April 30, 2015, the Plaintiff completed the registration of ownership transfer on the instant building.

B. On June 19, 2015, July 28, 2015, September 7, 2015, and January 23, 2016, the Plaintiff requested the Defendant to repair the part of the wall surface construction of the instant building and the part of the facility construction.

C. On August 23, 2016, the Defendant repaired a part of the instant building upon the Plaintiff’s request. However, as a result of the appraisal of the defect on the instant building around August 23, 2016, there still remains any defect to be repaired on the wall surface of windows and windows, walls, ceilings and toilets, and second floor public stairs. The repair cost was calculated as KRW 1,370,00 in the instant building; KRW 2,786,00 in the case of the defect of windows and windows; KRW 2,786,00 in the case of the defect of the wall; KRW 339,00 in the case of the defect of the wall of ceilings and toilets; KRW 4,91,00 in the case of the defect of the wall of second floor public stairs (i.e., KRW 1,370,000, KRW 2,786,000 in the case of the defect of the wall of KRW 39,00 in the case of the defect of ceiling.

[Ground of Recognition] Unsatisfy, each entry or image of Gap evidence 1 to 11 (including each number), the appraisal result of appraiser C, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, the seller of the building of this case, divided the costs of repair of the wall of 4,512,103 won (= 2,786,000 won for repair of the wall of 1,370,000 won for repair of the wall of 2,786,00 won for repair of the wall of 339,000 won for repair of the wall of 2nd floor of public stairs of 339,000 won into the number of households and the cost of repair of the wall of 17,103 won (496,000 won / 29 households, and the number of households of 29

) As requested by the Plaintiff, the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from February 25, 2016 to the day of complete payment, following the delivery of a duplicate of the complaint to the Defendant.