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(영문) 창원지방법원 2017.04.20 2015나5631
약정금
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. Facts of recognition;

A. On November 30, 2012, the Plaintiff purchased the instant building from the Defendant for KRW 2.75 billion (hereinafter “the instant sales contract”) from the purchase price to KRW 2.75 billion (hereinafter “the instant building”), and received the transfer registration and delivery of ownership of the instant real estate on December 14, 2012, after paying all remainder of the building around December 14, 2012.

B. Upon entering into the instant sales contract, the Plaintiff and the Defendant indicated that “the seller shall guarantee and take responsibility for the defects related to the building exceeding the standard daily repair cost (excluding the number related to piping pipes) for one year from the remainder of the sales contract,” as the special agreement following the transfer of ownership.

C. The instant building was used by the Defendant as a shooting range, health center, golf driving range, etc., and the Plaintiff also purchased it and used as a shooting range, health center, golf driving range, etc.

After entering into the instant sales contract, the Plaintiff claimed the Defendant for remuneration for defects on November 19, 2013, before one year elapsed from the date of the payment of the remainder.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) In the first place, according to the instant sales contract’s special agreement, the seller is liable for the remainder one year from the date of the remainder as to the leakages related to the defects of the building exceeding one million won, and the Defendant is obligated to pay to the Plaintiff the Plaintiff the repair cost of the instant building and operating profit loss (ordinary loss), and the amount already paid by the Plaintiff for the repair of the defect of the instant building. 2) Preliminaryly, according to the seller’s warranty liability under Article 580 of the Civil Act, the Defendant shall raise objection to the Plaintiff.

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