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1. The Defendant: (a) KRW 2,613,455 for each of the Plaintiff A and B; and (b) KRW 4,776,640 for each of the Plaintiff C; and (c) from August 29, 2017 to August 2017 for each of them.
Reasons
1.The facts following the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence 1 to 4 (including the number of branch offices; hereinafter the same shall apply), the result of the request to appraiser D by this court for appraisal, the whole purport of the pleadings.
Plaintiff
A and B jointly with their husband and wife on July 26, 2015, 1002, 1002, 1102, and 1102, and 1102, are the companies that sold the above real estate to the plaintiffs.
B. The above 102, which was sold by the plaintiff A and B, is the same as the attached Table 1, and the above 1102, which was sold by the plaintiff C, is the same as the attached Table 2.
Expenses incurred in repairing the above defects are KRW 102, KRW 5,226,91 of the above apartment, and KRW 4,776,640 of the above apartment as stated in the defect repair column in attached Table 3 and attached Table 4.
2. Determination as to the cause of action
A. According to the above facts, the defendant is obligated to compensate the plaintiffs for damages caused by defects in the above apartment pursuant to Article 9 of the Act on the Ownership and Management of Aggregate Buildings and Article 667 of the Civil Code as a person who has sold the above apartment.
B. Furthermore, even though the plaintiffs were to have a new house with difficult money, they suffered serious mental distress due to the above defects that make it difficult for them to live a normal life for more than one year and six months, they claim that the consolation money should be paid to the plaintiffs A, B, 500,000 won, and the plaintiff C5,000,000 won from the defendant.
In general, if there is a defect in the construction work executed by the contractor in the construction contract, it is reasonable to deem that the mental suffering that the contractor has received is recovered due to the repair of the defect or the compensation for the defect. If the contractor has suffered an irrecoverable mental suffering due to the repair of the defect or the compensation for the damage, it is a loss due to special circumstances and the contractor knew or could have known such circumstances.