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(영문) 서울중앙지방법원 2019.10.17 2018가합541245
손해배상(기)
Text

1. The Defendant’s KRW 930,691,533 as well as the Plaintiff’s annual rate from June 30, 2018 to October 17, 2019.

Reasons

Basic Facts

On August 12, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 12,60,000,000 in total, the purchase price of KRW 3,595 square meters and KRW 423 square meters in Gwangju-si, which was owned by the Defendant and the Defendant. On August 18, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 12,60,000 in total, and completed the registration of ownership in the name of the Plaintiff on each of the above real estates

The Plaintiff discovered wastes buried on each of the instant land around January 11, 2018 while performing the construction of ground-breaking construction for the construction of private houses on each of the instant land.

Accordingly, on April 11, 2018, the Plaintiff requested the Defendant to dispose of the above wastes, and the Defendant respondeded to the purport that “If the seller is required to bear the expenses necessary for the disposal of defective waste (such as expenses necessary for the disposal of reclaimed waste), it will be treated in consultation with the Plaintiff.”

As the Defendant did not dispose of wastes buried on each of the instant land, the Plaintiff disposed of waste at his own expense, including approximately KRW 6,923.49 tons of waste concrete buried on each of the instant land, and approximately KRW 948.76 tons of mixed waste.

[Ground of recognition] A did not dispute a part of the dispute, each entry of Gap's evidence Nos. 1 through 5, and 9 (including a serial number; hereinafter the same shall apply), and the purport of the whole pleadings, the plaintiff's assertion that the defendant delivered the land of this case subject to sale in a normal state where there is no defect but to deliver a large quantity of waste to the land of this case.

Therefore, the defendant primarily claims against the plaintiff for the warranty liability under Article 580 of the Civil Act, and the total amount of damages of KRW 1,464,204,00 for waste disposal costs as stated in the attached Form, as stated in the plaintiff, based on the non-performance liability under Article 390 of the Civil Act, shall be based on the non-performance liability under Article 390 of the Civil Act, and thus, the defendant claims only KRW 1,464,204,200 for the damages of the plaintiff or the plaintiff

The cost of leasing a separate building due to the delay of construction 81,744.

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