(영문) 서울고등법원 2015.06.03 2014나2047472

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.06.03 2014나2047472

구상금 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the Plaintiff’s claim against the Defendant Gold Industry

A. The summary of the Plaintiff’s assertion (1) Defendant Geum-ho, as a contractor for the instant contract, bears the liability for warranty against the Plaintiff pursuant to Article 667 of the Civil Act. As such, the Plaintiff is obligated to pay damages in lieu of the defect repair paid to the council of occupants’ representatives in the instant lawsuit due to the performance of the liability for warranty, 271,038,989 won and damages for delay.

(2) In addition, the Defendant Gold Industry paid KRW 14,630,00 for the Plaintiff’s attorney’s fees in the prior suit of this case due to the incomplete performance of its obligations under the instant contract, and the Plaintiff incurred losses to the council of occupants’ representatives, which paid KRW 19,481,165 for the costs finalized in the prior suit of this case and damages for delay on the damages incurred in lieu of the defect repair as above, and damages incurred to the council of occupants’ representatives.

Therefore, the Defendant Gold Industry is obligated to pay the Plaintiff the total amount of KRW 40,460,160 (i.e., KRW 14,630,00, KRW 19,481, KRW 165, KRW 6,348,95) and damages for delay.

B. According to the facts acknowledged in paragraph (1) of the claim for damages in lieu of defect repair (1) as a contractor of the contract of this case, the defendant Geum Ho industry, as the contractor of the contract of this case, is liable to compensate the plaintiff as the contractor for damages in lieu of the defect repair that occurred in the apartment of this case pursuant to Article 667 of the Civil Act. Thus, barring special circumstances, the plaintiff as the contractor of this case is liable to pay 271,038,989 won as compensation in lieu of the defect repair that the plaintiff paid to

(B) The defendant's head of the deduction of value-added tax 1.

참조조문

-민법 제667조

-민사소송법 제420조

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