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(영문) 부산지방법원 2016.11.04 2016나2649
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 3,152,80 and KRW 2,252,00 among them.

Reasons

1. On November 16, 2014, the Plaintiff purchased from the Defendant 108,00,000 won of Suwon-gu C102 (hereinafter “the instant loan”) in Busan-gu, Busan-do around November 101, 2014, there is no dispute between the parties. In full view of the purport of the pleadings as to the entries or images of evidence Nos. 3-1, 2, 3, and 6, and the first instance court’s entrustment of appraisal as to D of the first instance court, the above loan was defective (hereinafter “the instant defect”), and thus, it was found that there was a defective construction of the inner wall part of the above loan (hereinafter “the instant defect”) and the wall part and the remote part of the above loan, and the Plaintiff’s repair was 4,504,000 won. According to the above acknowledged facts, according to the above facts, the Defendant was liable to compensate the Plaintiff for damages due to the defect in quality or quality at the time of the sale and purchase.

(B) In addition, in addition, in addition to the above defects, the plaintiff claims that 1,000,000 won is required to repair the defects of defective construction on the outer wall in addition to the above defects. However, inasmuch as there is no evidence to acknowledge the plaintiff's assertion, the plaintiff's assertion is not acceptable). 2. Restrictions on liability for damages

A. The seller's warranty liability pursuant to Articles 581 and 580 of the Civil Act is the strict liability recognized by the law, and the provisions on offsetting negligence pursuant to Article 396 of the Civil Act cannot be applied mutatis mutandis thereto.

Even if the warranty liability is based on the principle of fairness, which is the guiding ideology of the civil law, it is reasonable to determine the scope of the warranty liability, taking into account the buyer's fault who has processed the occurrence and expansion of the warranty liability, and to expand the damages due to the fault that the right holder did not discover the defect in the compensation case.

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