(영문) 의정부지방법원 2019.10.17 2019나204112

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(영문) 의정부지방법원 2019.10.17 2019나204112

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On April 16, 2018, the Plaintiff’s summary of the Plaintiff’s assertion purchased from the Defendant for KRW 390,000,00 the purchase price for the Yongsan-gu Seoul Metropolitan Government C Apartment and D (hereinafter “instant apartment”).

However, in the apartment of this case, there were defects, such as the fall of the water of beer, the water of beer, the shower water of beera, the living room, the bathing room, the front and shoulder of the front floor of beera, and the replacement with the toilet changing low-water products, the bathing room, etc. in the apartment of this case.

The Plaintiff, as a buyer, sought compensation for damages from the defect of the other floor of the living room among the above defects, which is equivalent to 8,800,000 won and damages for delay.

2. The images or descriptions of Gap evidence Nos. 3, 5, 7, and 13 submitted by the plaintiff are not sufficient to recognize that there was a defect in the whole floor of the living room, as alleged by the plaintiff, in the apartment of this case at the time of sale, as alleged by the plaintiff, and there is no other evidence to prove otherwise.

[In light of the fact that the purpose of the instant apartment sales contract (part of the evidence No. 1) was written in the state of the present facilities, even though the bottom of the living room of the instant apartment was partially damaged or shaking, it is insufficient to recognize that the apartment of this case was defective by itself. Furthermore, the entries of the evidence No. 7-1, No. 2, 9 through 12, and No. 16 in the evidence No. 7-1, No. 7-2, and No. 8,800,000 won in the Plaintiff’s damages due to the defect alleged by the Plaintiff cannot be acknowledged as being caused by the Plaintiff’

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

-울산지방법원 2017.12.12 2016가단15098

-대구지방법원 2018.12.12 2018가단6959

-울산지방법원 2018.07.12 2017가합22557

-인천지방법원 2017.05.31 2014나18612

-서울중앙지방법원 2016.10.28 2015가단5382399