1. The defendant's appeal is dismissed.

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

The defendant of the claim on November 28, 201.

(a) not be responsible;

Article 28 (Performance Guarantee) (1) In order to guarantee the implementation of the project under this Convention, the project executor shall submit to the competent authority a payment guarantee letter of an agency provided for in Article 37 of the Enforcement Decree of the Local Contract Act or a performance guarantee certificate for the implementation of the project equivalent to the deposit in cash within 60 days from the date of designation of the project executor, which is a payment guarantee certificate for the execution

Provided, That the competent authority may extend the payment or the time limit for submission within the extent of 60 days in special circumstances.

Article 50 (Financial Support) (1) At the time of the conclusion of this Convention, the financial Support Fund to be paid to the project implementer as part of the total project cost shall be KRW 49,741,00,000 as of November 1, 2006, and the schedule for the payment of the financial Support shall be as follows:

* Class 3 (Payment of Financial Support and Apportionment of Private Investment Fund) Financial Support 49,741,00,000 = Amount borne by 25,250,00,000 National Treasury of KRW 19,814,00,000,000 for Treasury Treasury of KRW 4,677,000 for Treasury of KRW 19,814,000 for Treasury of KRW 56,313,000 for annual average price (3% for annual average price inflation) = Amount borne by 22,432,00,000 National Treasury of KRW 28,586,00 for Treasury of KRW 22,432,00,00 for National Treasury of KRW 28,586,00 for amount borne by contributory, 295,000,000 for KRW 5,295,00 for 0 for project operator’s negligence and treatment)

1. Where the concessionaire violates Acts and subordinate statutes or the provisions of this Convention seriously or violates the disposition or order issued by the competent authority pursuant to Article 46 of the Act on Private Participation (Disposition of Violation of Acts and Subordinate Statutes) (1) The following causes are deemed to be attributable to the competent authority in the interpretation of this Convention, but are not limited to those causes:

3. Approval of the implementation plan of this project.