A. The Plaintiff is a corporation established on July 12, 2004 for the purpose of loading and unloading of ports and port transport business, and the Minister of Maritime Affairs and Fisheries under the jurisdiction of the Defendant was changed to the office of Pyeongtaek-si Port and Port Administration (the office of Pyeongtaek-si Port and Port Administration was changed to the office of Pyeongtaek-si Port and Port Administration around 2008, and the name and change of organization was made to the office of Pyeongtaek-si Port and Port Administration around January 2015; hereinafter referred to as the “Defendant” for convenience without distinguishing the Defendant from the office of Pyeongtaek-si Port and Port Administration; hereinafter referred to as the “Defendant”) and the office of maritime affairs and fisheries under the jurisdiction of the Defendant.

B. On January 4, 2007, the Defendant publicly announced a plan for the selection of the operating company on the line 8,9 (former 7,8; hereinafter referred to as “instant wharf”) at Pyeongtaek-si Port at issue. At the time, the Defendant added a condition that “it shall be integrated and operated by establishing an operating company and a joint-invested corporation with the operating company of the existing container wharf at the same time as the performance of the operating company at the time.”

C. Around January 10, 2007, the Defendant distributed explanatory data on the plan to select the operating company of the instant wharf. Among the contents, the Defendant demanded business participants to submit the quantity of container cargo storage plan for three years from the commencement of the operation of the wharf, and the following calculation standards for penalty for breach of the volume of storage plan (hereinafter “instant penalty provision”) were set as follows:

(b) A relative assessment based on the aggregate of the planned quantity of container cargo storage for three years after the commencement of operation as a project participant's business plan (25 points) multiplied by the annual allocated number of points to the project participant;

5. The following penalty shall be imposed when the business plan is not implemented:

(a)the basis for calculating penalties if the selected operator fails to meet the annual incentive quantity presented at the time of project participation: