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1. The defendant's appeal is dismissed.
2. The supplementary intervenor’s Intervenor’s participation in the costs of appeal.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420
2. Judgment by issue
A. The Plaintiff’s assertion 1) The Plaintiff completed the instant building on November 21, 2015 and obtained approval for use. As such, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 233,389,069 and delay damages therefrom, out of the increased construction cost under the secondary modified contract.
B) Article 1(2) of the Second Amendment Agreement between the Defendant and the Intervenor constitutes the condition of suspension that “if a dispute arises, such as raising an objection, the beneficiary may withhold the increased payment of the construction cost until the dispute resolution is settled.” Since the Intervenor, who is the beneficiary, raised an objection to the increased payment of the construction cost, and the dispute is pending against the Plaintiff, such as filing a claim for the agreed amount under the instant business-related partnership agreement, and the conditions have not yet been fulfilled, it shall be deemed as a condition if it is reasonable to deem that the interpretation of the increased provision on the deferment of payment of the construction cost should not be fulfilled unless the existence of the fact indicated by the father in the juristic act attached to the father, and if it is reasonable to deem that the performance of the obligation should not be performed even if not only when the indicated fact occurred, but also when the existence of the alleged fact becomes final and conclusive, it shall be deemed as a indefinite period.
Therefore, if certain facts are attached to the repayment of the obligation already borne, it shall be deferred, unless there is a special reason, and the fact shall either occur or occur.