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(영문) 수원지방법원 2018.12.18 2018나69929
손해배상(기)
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal and incidental appeal shall be effected.

Reasons

1. On October 24, 2016, the Plaintiff purchased KRW 370,000,000 from the Defendant, and on October 24, 2016, the Plaintiff was handed over the instant loan at KRW 406,00,000,000,000.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion of the trial

A. On the wall of the inside bank of this case purchased by the Plaintiff from the Defendant, there is a defect in the process of fung in which water can flow out from the wall of the inside bank to the inside bank, the middle bank, and the small bank.

(C) Sungnam District Court 2017 Ghana607818). (b)

In addition, the loan of this case, due to the floor water leakage, there was a phenomenon such as milching in water with the ceiling of 602 Da 306, 306, which is the bottom of the above loan of this case, and there was a defect that does not completely close the new market.

(C) Sungnam District Court Branch 2017 Ghana615994).

Therefore, the defendant is obligated to pay to the plaintiff KRW 3,373,00 to the amount quoted in the first instance court as damages in lieu of the above defects.

3. Determination

A. If the subject matter of a sale, such as related legal principles, lacks objective nature and performance expected in terms of transaction norms, or lacks the nature scheduled or guaranteed by a party, the seller bears the buyer’s liability to indemnify the buyer for the defect, and the existence of the defect is based on the time of establishment of the sales contract.

B. (See, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000).

The judgment on the cause of the claim in this case 1 was made on the wall of the inside bank, that water breath, inner bank, middle bank, and fungicothed in the small bank. In addition, there was a phenomenon, such as milching in water by the lower house of the above lending 602 Doz. 306, due to the water leakage on the floor. In the case of closing the balcony window in front of the inside bank, there was a difference of 2.5 cm in water, and in the case of closing the balcony window in front of the living room, there was no loss of the balcony.

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