(영문) 수원지방법원 2020.04.22 2019나88293

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(영문) 수원지방법원 2020.04.22 2019나88293

손해배상(기)

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2017, the Plaintiff purchased and moved in C Building D (hereinafter “instant Borrowing”) in light-si around 30, 2017.

On March 2, 2018, the Plaintiff filed a lawsuit against the Defendant, the owner of the loan of this case, seeking compensation for damages due to defects in the construction of the loan of this case (hereinafter referred to as “prior lawsuit”).

B. On June 5, 2018, the following mediation was established between the Plaintiff and the Defendant (hereinafter “instant mediation”) in the said lawsuit.

Conciliation Provisions

1. The Defendant shall pay the Plaintiff KRW 8 million up to July 20, 2018, and if the Defendant fails to pay the said money by the payment date, the Defendant shall pay the remainder at a time by adding 15% interest per annum to the day of full payment from the following day to the day of full payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

The purport of the claim in the Gu’s Schedule

1. The defendant shall pay to the plaintiff 8 million won with 15% interest per annum from the day following the delivery of a copy of the complaint to the day of complete payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Grounds of Claim

1. Claim for repair costs due to the surface of a wall, mycoung, pung and punging of bathing rooms, and debrising from debris resulting from debrising in a tent after moving into a new fransh;

2. A claim for damages from a defect that caused a defect to the sale price of this house;

3. A claim for damages against the fung in a remote area subsequent to the fungum and the state of an institution, loss of time to show defects, stress, etc. due to stress.

C. On July 20, 2018, the Defendant paid KRW 8 million to the Plaintiff, as stipulated in the instant conciliation agreement.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. The Plaintiff’s assertion is followed again after the instant conciliation.

유사 판례

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-창원지방법원 2018.06.07 2017가합54657