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(영문) 서울남부지방법원 2020.05.07 2019나57303
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 27, 2018, the Plaintiff entered into a contract with the Defendant to purchase the Guro-gu Seoul Metropolitan Government and the second floor E (hereinafter “instant apartment”) from the Defendant for KRW 33,00,000 (hereinafter “instant sales contract”) and accordingly, received the instant apartment on the same day after completing the registration of ownership transfer in the Plaintiff’s future on May 3, 2018.

B. Paragraph (5) of the instant sales contract provides that “The front floor of the toilet in a building shall be repaired by the seller and shall be at the intervals of the seller.”

C. The confirmation description of the object of brokerage attached to the instant sales contract is marked as “no water is damaged” and “normally”, and the Plaintiff’s seal as the buyer and the Defendant’s seal as the seller are made.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion summary of the apartment of this case sustained a considerable amount of water leakage, and the plaintiff's expenses of 6,050,000 won and 9,960,000 won for the discovery and repair of water leakage and construction expenses for remote areas. The defendant is obligated to pay the plaintiff the above 6,960,000 won as compensation for damages arising from the seller's warranty liability and damages for delay.

B. 1) In a case where there is a defect in the object of a sale in relevant legal doctrine, the seller may claim damages against the buyer with the warranty liability for the defect. However, this does not apply where the buyer knew of the defect or was unaware of it due to negligence (see Articles 580(1) and 575(1) of the Civil Act). Here, the defect refers to a case where the object of the sale lacks the objective performance expected in light of the transaction norms, or where the party lacks the nature expected or guaranteed (see, e.g., Supreme Court Decision 98Da18506, Jan. 18, 200).

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