(영문) 부산지방법원 2020.06.10 2019나56456

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(영문) 부산지방법원 2020.06.10 2019나56456

손해배상(건)

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. On July 15, 2017, the Plaintiff entered into a sales contract with the Defendants to purchase the pertinent building of approximately KRW 865,000,000 (hereinafter “instant sales contract”) of the purchase price of KRW 865,00,000 from the Geum-gu, Busan and KRW 124.6 square meters, and received delivery of the instant building from the Defendants on November 10, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) After receiving delivery of the instant building, confirmed that there was a defect in water leakage in the instant building, and paid KRW 6,400,00 as the defect repair cost. The Defendants, as the seller of the instant building, are liable for the warranty against the said water leakage. As such, the Defendants are liable to pay the Plaintiff the damages equivalent to the aforementioned defect repair cost, and the damages for delay thereof. 2) The Defendants’ assertion is not liable to the Defendants since the Plaintiff’s assertion was caused by unreasonable construction for two months in the deteriorated building.

Even if the Defendants are liable, since the Plaintiff knew of the above defects at the time of the instant sales contract and filed the instant lawsuit after six months have elapsed thereafter, the exclusion period of the warranty liability has expired.

B. Each description of Gap evidence Nos. 4, 6, 21 (if there are serial numbers, including each number; hereinafter the same shall apply) and the whole purport of the argument as a result of appraiser E’s appraisal as to the cause of the claim is added. ① The plaintiff purchased the building of this case and then generated water from the underground floor, stairs room, etc. of the building of this case; ② there was a part abutting on the underground floor, the lower part of the entrance door, the wall and the floor of the building of this case; ② there was water leakage on the floor of the stairs; ③ the building selling the building of this case to the defendants.

유사 판례

-서울중앙지방법원 2017.11.17 2017나52988

-청주지방법원 2020.11.12 2019나16353

-서울서부지방법원 2014.06.26 2014가합30131

-서울중앙지방법원 2017.07.11 2016가단5112818

-창원지방법원 2020.04.23 2018가합56056