beta
(영문) 의정부지방법원고양지원 2016.04.27 2014가합6893

손해배상

Text

1. The Plaintiff; Defendant Goyang-si: 13,754,734 won; Defendant A’s KRW 1,686,389; and Defendant Incorporated Foundation.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is the implementer of the Housing Site Development Project (hereinafter “instant project”) in Gyeyang-gu, Soyang-gu, Yangyang-gu, and Samyang-dong. The Defendants are the owners of land within the project site of this case, who sell to the Plaintiff the land owned within the project site of this case (hereinafter “each land of this case”) as shown in the attached Table.

B. Around October 1, 2011, the Plaintiff discovered wastes buried on the said land while performing the construction of a site for the creation of a community and a religious site on the land indicated in [Attachment Table No. 1] and the adjacent land. (2) On November 10, 201, the Plaintiff discovered wastes buried on the said land while performing the construction works for the creation of a site for the creation of a community and a religious site on the said land. (3) On November 10, 201, the Plaintiff discovered wastes buried on the said land while performing the construction works for the creation of a commercial site on each land listed

C. The Plaintiff requested the Defendants to treat the wastes found in each of the instant land, but the Defendants failed to comply with such request, thereby disposing of each of the wastes indicated in the column for waste volume in the attached Table from February 2, 2012 to October 2013 at the Plaintiff’s expense.

[Ground of Recognition] A without dispute, Gap evidence 2-1, 5 through 10, 13, Gap evidence 5-1, 2, Gap evidence 8, 9, Gap evidence 10-1 through 27, Gap evidence 12-1 through 4, Gap evidence 13-1, Gap evidence 16, Gap evidence 17-1, 2, 3, Gap evidence 18, 19, and the purport of the whole pleadings

2. The parties' assertion

A. In the Plaintiff sales contract, the seller has a duty to deliver a normal product without any defect, barring special circumstances. In the event of a defect in the product, the seller bears not only the liability for damages arising from incomplete performance but also the liability for warranty against defects. The Plaintiff purchased each of the instant products from the Defendants.