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(영문) 대법원 2015.11.26 2014다32687
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined that the Plaintiff cannot be held liable for nonperformance or warranty against the Defendant on the ground that the part of the main entrance and exit of the first floor above the commercial building cannot be deemed to have been agreed upon at the time when the Plaintiff entered into a sales contract with the Defendant to purchase the commercial building in this case, and that the part of the main entrance and exit of the first floor below the commercial building was not attributable to the Defendant, and that the Defendant handed over the commercial building in the state of stairs installed in the main entrance and exit of the first floor below the commercial building.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the facts against logical and empirical rules, or by misapprehending the legal doctrine on liability for nonperformance or liability for warranty, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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