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(영문) 춘천지방법원속초지원 2020.05.19 2019가단200777
손해배상(기)
Text

1. The Defendant’s KRW 9,609,120 as well as 5% per annum from May 3, 2019 to May 19, 2020 to the Plaintiff.

Reasons

1. On January 15, 2018, the Defendant sold to the Plaintiff real estate listed in the separate sheet (hereinafter “instant building”) owned by the Defendant at KRW 170 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. From November 2018, the Plaintiff’s assertion occurred in the instant building, and KRW 9,609,120 is required as the cost for repairing the said water.

In addition, 19,415,00 won (cost of replacement of households, such as strings, scamblings, scamblings and scamblings), and 7,216,00 won (cost of replacement of households such as camblings, scamblings, etc.) have occurred to replace the strings, scamblings, and strengthened floors, and 6,50,000 won has been additionally incurred as the expenses of directors and scamblings were not used due to water leakage

Therefore, the Plaintiff seek against the Defendant the payment of the total amount of KRW 42,740,120 as the warranty liability or default liability and damages for delay.

B. The remainder, other than the repair cost of the building of this case, cannot be recognized as having no causation or excessive causation.

3. Determination

A. According to the appraisal commission for Gap evidence 3-1 to 3 of the judgment on the cost of repairing the instant building 9,609,120 won, and each video of this Court C Co., Ltd. (Appraiser D), if the building of this case is non-afford, there is a defect that is excellent in the surface and coordinates of the building, the right side floor, and the joint surface of the building, and there is a defect that is drained by the joint surface of the building, and it is necessary to carry out a waterproof and drilling reinforcement, etc. to repair the building, and at its expense 9,609,120 won is required. According to the above facts, the defendant is liable to pay the plaintiff 9,609,120 won and damages for delay as a substitute for the repair of the defect of this case, which is the object of sale.

(b) Determination on the cost of replacing the interior facilities, the cost of directors, etc.

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