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(영문) 광주지방법원목포지원 2019.02.19 2018가합11812
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) KRW 7,565,00 and for this, KRW 5% per annum from November 16, 2018 to February 19, 2019;

Reasons

1. Basic facts

A. The Plaintiff is the owner of the E-Housing Fho Lake (hereinafter “instant F”) located in Sipoposi, and the Defendant purchased the said E-Housing D (hereinafter “instant E”) from G on June 13, 2017 and completed the registration of transfer of ownership on June 16, 2017.

B. Even before the Defendant purchased the instant subparagraph D, the water leakage occurred in the instant subparagraph D, and thereby G accepted the instant subparagraph D between 2016 and 2017, but the problem caused by water leakage was not completely resolved.

C. On September 5, 2017, the Plaintiff notified the Defendant of the fact that the Plaintiff could enjoy water in the kitchen and the kitchen of the instant subparagraph F, etc., due to the defect in the instant subparagraph D, so that he/she could compensate for the Defendant’s remuneration and damages therefrom.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 8, and 13, witness G's testimony, and the purport of whole pleading

2. The plaintiff's assertion

A. The damage from the construction or preservation defect of the instant subparagraph D caused the damage from the Plaintiff’s instant subparagraph No. 14,374,000 won in total due to the tort damages, and the damage from the instant subparagraph No. 4,565,000 won in the defect repair cost of the water leakage part, and the damage from mental distress occurred to the Plaintiff during the repair work period of KRW 1,309,900 in the instant case. Thus, the Defendant, the occupant of the instant subparagraph No. D, is obligated to pay the Plaintiff the damages from the tort damages amounting to KRW 14,374,00,091 in total, and the delay damages therefrom.

B. Since water leakage damage continues to occur due to the defects in the instant subparagraph d, the Defendant is obligated to perform the water leakage prevention work in the instant subparagraph d, such as the entries in the purport of the claim, and the Defendant’s obligation to perform the water leakage prevention work falls under the incidental act obligation. The Defendant is liable to perform the water leakage prevention work in the instant case.

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