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(영문) 부산지방법원 2018.05.30 2017가합2116
손해배상(기)
Text

1. The Defendants jointly share KRW 88,010,400 with respect to the Plaintiff and the period from September 2, 2017 to May 30, 2018.

Reasons

1. Facts of recognition;

A. On January 6, 2015, the Plaintiff purchased from Defendant B and Nonparty D the purchase price of KRW 1.75,000,000,000 for the purchase price of KRW 1.75,000,000,000,000 from Busan Jin-gu E, Busan, and KRW 279,000,000,000,000,000,000 for the purchase price of KRW 3.25,000,00,000 from the Defendants (hereinafter “instant purchase contract”).

B. On February 23, 2015, the Plaintiff completed the registration of the transfer of ownership of the remainder payment and each of the above real estate, and began to run a telecom business in the instant building.

C. Since long, the Plaintiff knew the Defendants that there was water leakage in some guest rooms among the instant building. Accordingly, the Defendants performed the repair work from March 9, 2015 to March 19, 2015, but the Plaintiff suspended the repair work on the ground that water leakage does not properly go.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), witness G, and H’s testimony, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion defects, such as water leakage due to the defect in pipeline construction and the defect in waterproof construction, the Defendants are liable to compensate the Plaintiff for the amount of reduced operating income equivalent to the amount of reduced operating income from October 1, 2015 to August 31, 2017.

B. At the time of the instant sales contract’s assertion, there was no defect in the instant building. Even if there was a defect at that time, the Plaintiff knew or could have known it, and the Plaintiff, a merchant, notified the Defendants of the defect after the lapse of the six-month period of notification of defect under the latter part of Article 69(1) of the Commercial Act from the time of delivery of the instant building.

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