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(영문) 부산지방법원 2017.06.28 2016가합3198
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff 150,150 won and interest thereon at the rate of 15% per annum from April 29, 2017.

Reasons

Basic Facts

On March 11, 2015, the Plaintiff concluded a sales contract under which the Plaintiff purchased a multi-household house of 201 Busan-gu Busan-gu, Busan-gu, and 23 households (hereinafter “instant building”) owned by the Defendant for KRW 1.32 billion, and entered into a sales contract with the following terms: “The building shall be transferred or taken over at the present state including domestic options.”

(2) On March 11, 2015, the Plaintiff paid a down payment of KRW 50 million to the Defendant on April 15, 2015, and the remainder of KRW 1270 million on the same day, and received delivery of the instant building from the Defendant on the same day.

[Ground of recognition] without dispute, entry of Gap evidence No. 9, summary of the argument of the parties to the whole argument: The plaintiff's warranty liability of the plaintiff's seller at the time of the sales contract of this case: ① water leakage due to the defect of rooftop waterproof layer, ② water leakage amount due to the water leakage of the ceiling floor of the parking lot, ② water leakage amount due to the water leakage water of the ceiling floor of the parking lot, ③ water leakage amount due to the water leakage of the non-construction plane, ③ 201, 301, 401, and 501, ④ water leakage amount due to the water leakage of each household unit, ④ water distribution station of drain pipe, ⑤ parts constructed with each household outflow wall with a paper board or stone board, ⑤ since there were defects such as serious cracks of the wall inside or outside the building, the plaintiff is liable to compensate for damages as warranty liability under Article 580 of the Civil Act.

The Defendant’s husband D, who represented by the Defendant or the Defendant, agreed at the time of the instant sales contract that “if there is any defect in the building, all the Defendant repair and the Plaintiff’s failure to settle the defect that the lessee requested prior to the delivery of the instant real estate, shall be resolved in full by the Defendant.” However, ① all of the 24 households of air conditioners, ② the replacement of the entire and three sides of toilets, ③ the repair of the management room water supply.”

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