1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance citing the argument that the plaintiff adds to this court is identical to the ground of the judgment of the court of first instance, except for the addition of the following "2. Additional determination", thereby citing it as is in accordance with the main sentence of Article 420 of the

2. Additional determination

A. On September 17, 2013, the Plaintiff’s assertion and the Defendants concluded a construction contract to change the project period and contract amount, which are an important part of the existing construction contract, on September 17, 2013, after a preparatory document containing an expression of intent to terminate the construction contract of E, in a lawsuit against Defendant B.

This modified construction contract is a new construction contract that includes a novation contract that terminates the obligation under the existing construction contract and imposes a new obligation.

As such, the Plaintiff and the Defendants entered into the instant performance agreement on May 27, 2015, premised on the performance of the new construction contract. As such, the Defendants, regardless of the termination of the existing construction contract, shall pay the Plaintiff operating expenses according to the instant performance agreement.

B. According to Article 500 of the Civil Act, a novation is a contract under which an existing obligation is extinguished by changing an essential part of the existing obligation and extinguishing the existing obligation and establishing a new obligation that is not identical (see Supreme Court Decision 2003Da69119, Apr. 27, 2004). In the event a new agreement is entered into with respect to an existing obligation, whether such an agreement constitutes a novation or simply changing the maturity or method of repayment of the existing obligation is determined by the parties’ intent. If the intent of the parties is not clear, it refers to the issue of interpretation of intention. As such, in interpreting such intent of the parties, the motive and background leading up to the new agreement, the parties’ intent to achieve the agreement by such agreement.