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1. The Defendant: (a) from July 22, 2016, to Plaintiff A, KRW 32,459,583; and (b) KRW 29,521,250; and (c) respectively, to Plaintiff B.
Reasons
1. Basic facts
A. The Defendant is a company that constructed and sold “D”, a multi-family housing with five floors above the Gwanak-gu Seoul Special Metropolitan City’s ground (hereinafter “instant building”).
From the Defendant, on October 20, 2015, Plaintiff A purchased 401 square meters (52.36 square meters) among the instant building, and Plaintiff B purchased 402 square meters among the instant building on November 17, 2015, respectively, and completed each registration of ownership transfer.
B. The instant Nos. 401 and 402, immediately after the Plaintiffs moved in, there was a defect that the noise level was 2-3 seconds at the bottom of the floor when the boiler was operated from November 2015, immediately after the Plaintiffs moved in. Accordingly, even though the Plaintiffs resisted the Defendant Company to perform part of the defect diagnosis work, the defect repair was not completed.
[Ground of Recognition] The non-contentious facts or Gap's entries in Gap's evidence 1 to 3, Gap's evidence 1, and 2, the result of verification of Gap's evidence 8 (USB recording files), the result of appraisal of appraiser E's defects, the purport of the whole pleadings
2. The parties' assertion
A. Since there is a defect in the noise in the boiler operation with respect to each boiler set forth in Nos. 401 or 402 sold by the Defendant to the Plaintiffs, the Defendant is obligated to pay the Plaintiffs the repair cost of the boiler reconstruction, the repair cost of the defect in the boiler reconstruction, the replacement housing cost, and the consolation money, as indicated in the table below, to the Plaintiffs on the ground of warranty liability.
Plaintiff
A (400,000 won for 2,970,000 won for 2,970,000 won for 36,120,600 won for 36,120,600 won for B (402) 21,995,600 won for 3,180,000 won for 2,970,000 won for 5,000,000 won for 33,145,000 won for 33,145,000 won for 36,120,000 won for 402
B. The Defendant’s boiler noise was generated in the process of putting the hot water from the boiler when the boiler was operated, and was within the tolerance limit, and the Plaintiffs’ noise.