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1. Defendant B
A. The following amount among the part against Defendant B in the judgment of the court of first instance.
Reasons
1. The plaintiff sought the payment of “loan” and “compensation for delay,” from the first instance court with respect to Defendant B, and the court of the first instance partly accepted the loan claim and dismissed the entire claim for compensation for delay.
Since this Court appealed only against the above defendant, this Court should decide only the above defendant's loan claim and the conjunctive claim added in the trial in relation to the above loan claim.
2. Basic facts
A. A. Around 2013, around 2013, ten members including C, etc. (hereinafter referred to as “Plaintiff, etc.”) and 10 members of the Seoul Songpa-gu D and J (hereinafter referred to as “instant site”) divided ownership of collective housing (hereinafter referred to as “former building”) on the ground of the instant site, the Plaintiff, etc. decided to remove the previous building and construct the new 16 household buildings on the instant site (hereinafter referred to as “new building”).
B. On April 15, 2013, E Co., Ltd. (hereinafter “E”) entrusted by the Plaintiff, etc. and the Plaintiff, etc. with the execution of the said reconstruction project (hereinafter “instant construction project”) entered into a contract with the F Co., Ltd. F (hereinafter “F”) with Defendant B’s representative director, stating the construction cost of KRW 1.348 billion, and the construction period of KRW 180,000 from the date of commencement to the F (hereinafter “instant contract”).
C. At the time of the instant contract, the Plaintiff et al. and F agreed on the payment method of the construction price and the method of raising funds required for the instant construction project as follows.
[No. 1] Although the text of the instant contract (Evidence. 1) is unclear, considering the overall purport of the arguments submitted to the trial including the said contract, it may be acknowledged that there had been an agreement between the Plaintiff, etc. and the F as follows]. The construction cost of 1 is part of the new building.