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(영문) 의정부지방법원 2016.07.22 2015가단116063
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2015, the Plaintiff and Defendant Papto Co., Ltd. (hereinafter “Defendant Papto”) concluded a contract with Defendant Papto purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Defendant Papto for KRW 117 million (hereinafter “instant sales contract”). Of the instant sales contract, the matters related to the instant case are as follows.

The purchase price of KRW 117,00,000, down payment of KRW 11,000,000 (time of payment: the time of contract) and the balance of KRW 106,00,000 (time of payment: July 29, 2015) shall be deemed as the basis for compensation for damages.

In the event of a defect caused by water leakage in this article, the seller shall be the repair cycle.

(Provided, That the period of warranty shall be six months from the date of the remainder).

On July 22, 2015, according to the instant sales contract, the Plaintiff paid the down payment of KRW 11 million to Defendant Papto.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 4, and 5 in the evidence, the purport of the whole pleading

2. Summary of the plaintiff's assertion

A. As to the conclusion of the instant sales contract, the Plaintiff asked Defendant Yoon-to-be to whether the amount occurred in the year 2014 regarding each of the instant real estate. However, the amount of water leakage occurred, and the current number of water leakage occurred. Defendant Yoon-to-be violated the duty of disclosure under the instant sales contract, and each of the instant real estate is deemed to be defective. Thus, Defendant Yoon-to-be must return the down payment of KRW 11 million and its legal interest to the Plaintiff. Accordingly, Defendant Yoon-to-be failed to perform its obligation under the instant sales contract, and such act of Defendant Yoon-to-be constitutes tort, and thus, the damages of the Plaintiff.

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