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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to the statements in Gap evidence Nos. 1 and 23 (including each number) and the appraisal results by the appraiser C of the first instance trial, it is recognized that there exist defects caused by water leakage on the five-story D of Changwon-si, Changwon-si, Changwon-si, the plaintiff purchased from the defendant (hereinafter "the building of this case"), so the defendant, the seller, bears the warranty liability under Articles 580(1) and 575(1) of the Civil Act.
2. The scope of compensation for damages sustained by the Plaintiff due to the defect in the building of this case is the amount equivalent to the cost of repairing the defect normally. According to the result of the appraisal by the health team and the appraiser C of the first instance trial as to the cost of repairing the defect, the Plaintiff spent the cost of KRW 7,252,994 (the cost of repairing the water from the underground floor of KRW 6,111,851, KRW 607,174, KRW 607, KRW 174, KRW 53,969, KRW 53,969, May 20, 2014) for repairing the said defect, and the cost of repairing the water from the part that was currently being charged can be acknowledged as the fact that the cost of repairing the defect is 1,348,315.
On the other hand, the warranty liability of the seller under Article 580 of the Civil Code is a special strict liability recognized by the law, and the comparative negligence clause of Article 396 of the Civil Code cannot be applied mutatis mutandis.
However, as long as the warranty liability is based on the principle of fairness, which is the guiding ideology of the Civil Act, the scope of compensation for damages should be determined by taking account of the buyer’s fault who caused and processed the occurrence of defects (see, e.g., Supreme Court Decision 94Da23920, Jun. 30, 1995). The Plaintiff also needs to carefully examine the defects of the instant building at the time of the sales contract; the Plaintiff partially completed the renovation and repair construction of the instant building; and the Plaintiff has a wide range in the pertinent year, the Defendant’s liability for damages is limited to 80% of the amount of damages.
Therefore, the defendant's 6,881,047 won [(1,348,315 won)] x 0.8,047 won to the plaintiff.