1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 28, 2005, the Defendant entered into a contract with the Yellow River Industry Co., Ltd. (hereinafter “Yang River Industry”) and the term of the contract up to 4 years until December 31, 2009 and entered into a contract with the Simsan-si 6 Section dredging project (hereinafter “instant dredging project”).

The parts relating to the instant case in the terms of the above contract are as follows:

Article 21 (Deposit for Facility Restoration) “B” shall be deposited in cash or submit to the bank account designated by “A” (Defendant) at the same time as a deposit for facility restoration the total amount of KRW 840,000,000, which is 30% of the down payment.

Article 22 (Period for Restoration and Removal of Facilities) (1) "B" shall begin with respect to the restoration and removal of facilities 60 days before the expiration date of the contract, and complete the restoration and removal of facilities at the expiration date of the contract in its original condition.

(2) Even if a cause for the failure to perform a contract even though prescribed in Article 15 occurs, "B" shall restore the facilities to their original state.

(3) Notwithstanding the provisions of paragraphs (1) and (2), where “B” fails to restore or remove the facility, “A” shall be treated as the deposit referred to in Article 20.

Article 23 (Deposit and Period for Removal of Equipment) ① “B” shall pay the deposit for removal of equipment at the same time as this contract is executed, and shall pay KRW 60,000,000 to “A” to guarantee the deposit for removal of equipment in cash.

(2) "B" shall complete the removal of equipment out of ASEAN by the date of completion.

(3) Where a cause for failure to perform a contract occurs even though it is prescribed in Article 15 or a cause for cancellation of a contract and a cause for cancellation of a contract under Article 26 occurs, "B" shall immediately complete removal of equipment outside of ASEAN.

(4) Notwithstanding the provisions of paragraphs (2) and (3), where “B” fails to remove equipment, “A” shall be referred to in paragraph (1).