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(영문) 전주지방법원 2016.09.28 2015가단37735
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate from December 24, 2015 to September 28, 2016, and the following.

Reasons

1. Facts of recognition;

A. On August 5, 2015, the Defendant sold to the Plaintiff for KRW 3,650,00 the land and its ground buildings (hereinafter “each of the instant real estate”, the building of which was only referred to as “instant building”) in the Seosan-dong, Seosan-dong, 617-3, 617-11, Jeonju-dong (hereinafter “the instant sales contract”). The instant building was designated as one of the two types of mechanical parking facilities (No. 2; hereinafter “instant parking facilities”). At the time of the instant sales contract, the Defendant revoked it on September 21, 2015, and agreed that the Plaintiff will bear all of the expenses incurred therefrom.

B. Around August 2015, the Defendant contracted the instant parking facility repair work to a limited liability company (hereinafter “the instant parking facility repair work”) pursuant to the said agreement. On September 17, 2015, the Defendant completed the correction of the violation of the Parking Lot Act, and received the cancellation of designation of a building in violation of the building ledger. The Plaintiff completed the registration of ownership transfer for each of the instant real estate by paying the purchase price in full.

C. However, even after the Plaintiff’s delivery of each of the instant real estate, the instant parking facilities failed to operate properly, and the Defendant re-entrusted the instant parking facilities prior to the transfer thereof and repaired on October 31, 2015 by replacing the hydrotensions. However, the instant parking facilities still have a control board not meeting the inspection standards, and the replacement cost is KRW 10 million.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5, 7 evidence, Gap 8 and 9 evidence, each of the descriptions or images, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant agreed to repair the instant parking facility prior to the payment date of the remainder at the time of the instant sales contract, thereby failing to comply with the agreement.

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