A. 1) On March 31, 2008, the former Public-Private Partnerships Act (amended by Act No. 10983, Aug. 4, 2011; hereinafter “Public-Private Partnership Act”) provides that “a consortium (tentative name) corporation organized by 7 companies, such as Hyundai Industrial Development Co., Ltd., Ltd., Gyeongnam Bank, Busan Bank, etc., and Busan Bank, Co., Ltd., Ltd., shall be deemed to have entered into a concession agreement between the Plaintiff and the Defendant.”

(2) Pursuant to Article 9, the business of construction and operation of sports facilities, hotels, Conventions, etc. (hereinafter “instant business”) by redevelopment of old swimming pool on the 1391 and six parcels of land in Busan Shipping Daegu Do-dong, Busan Do-dong 1391.

(2) On October 28, 2010, the Defendant designated “BTO Co., Ltd.” as a priority negotiation subject to prior negotiations, and on July 4, 2012, determined and announced an urban management plan regarding the implementation of the instant project on the following grounds: (a) the project implementer transferred the foregoing facilities to Busan Metropolitan City; and (b) the project implementer held the right to manage and operate facilities for thirty (30) years; (c) the private investment project was proposed to the Defendant; (d) the Defendant designated “BTO” as a priority negotiation subject to prior negotiations.

On March 19, 2014, the Defendant: (a) selected as the concessionaire of the instant project, and entered into a concession agreement on the instant project with “(tentative name) Ampha Co., Ltd.” (hereinafter “instant concession agreement”); and (b) the main contents thereof are as follows.

Article 3 (Definition of Terms) (1) Unless otherwise provided in this Convention, the definitions of terms used in this Convention shall be as follows:

38. Appendix: Annexed documents to this Convention, such as agenda for consultation between the competent authority and the concessionaire derived in the course of negotiations for the conclusion of this Convention, evidentiary materials, design documents, and financial models.

Article 8 (Obligations of Project Operators) (3) Unless otherwise provided in this Convention, the Project Operators shall implement the letter of intent for loans or conditional loan agreements presented by creditor financial institutions, etc. at the time of submitting the Project Plan.