(영문) 광주지방법원 2019.06.13 2018나134 | 리걸엔진

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(영문) 광주지방법원 2019.06.13 2018나134

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 13, 2016, the Plaintiffs concluded a sales contract with the Defendant on the purchase price of KRW 780,000,000 with respect to the building located in Ma, Jeonnam-gun (hereinafter “instant building”) owned by the Defendant (hereinafter “instant sales contract”).

B. At the time of the conclusion of the instant sales contract, the Plaintiffs confirmed the current status of E and F of the instant building, and as a result of the special agreement, the Defendant, prior to August 30, 2016, was to repair and pay for any defect arising from E and E leakage from the remainder payment date.

C. On August 30, 2016, the Plaintiffs and the Defendant settled the balance under the above sales contract, and on the same day, the Defendant prepared a defective warranty that “as to the structural defect of the building in question, the seller is responsible for the defect and the defect repair is confirmed for one year from the date of sale” in delivering the building in question to the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, testimony of witness G and purport of the whole pleadings

2. Determination as to the cause of action

A. 1) Claim for damages in lieu of defect repair occurred from several parts of the building of this case. The defendant sold the housing of this case with defects as above to the plaintiffs, and thereby the plaintiffs suffered damages to the plaintiffs. Accordingly, the defendant is liable to compensate the plaintiff for the damages totaling KRW 18,765,00 in lieu of defect repair according to the seller's defect liability provisions. 2) In the event that the subject matter of sale falls short of the objective performance expected in light of the transaction norms, or the parties lack the expectation or guarantee nature, the seller bears the warranty liability for the buyer due to the defect, and the existence of the above defect should be determined at the time of establishment of the sales contract (the existence of the above defect should be determined at the time of establishment of the sales contract) 5.

유사 판례

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-부산지방법원 2019.01.10 2018나4366

-대법원 2019.10.17 2017다286485

-수원지방법원 안산지원 2018.12.05 2017가단67127