1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a special purpose corporation established for the purpose of the construction, management and operation of the Ulsan New Port Container Terminal and the harbor transport-related business, etc., which was changed to the Ministry of Land, Transport and Maritime Affairs since the Ministry of Oceans and Fisheries of the Republic of Korea on March 22, 2004.

B With respect to “Slsan New Port Development (1-1) Private Investment Project” (hereinafter “instant project”), a concession agreement was concluded in accordance with the Private Investment Act, etc. in Infrastructure.

(hereinafter “instant concession agreement.” The instant concession agreement provides that the Defendant shall construct container terminals consisting of 345,071m2 and 39,516m2 of containers wharfs, multi-purpose wharfs, 4-5,071m2 and 39,516m2 of luminous wharfs (hereinafter “instant business facilities”) in accordance with the Act on Public-Private Partnerships in Infrastructure, the Enforcement Decree of the said Act, the master plan for public-private partnership projects in 2003, and the Ulsan New Port Development (1-1m2) master plan for public-private partnership facilities in Ulsan Port, and shall be granted the right to manage and operate the instant facilities during the 50-year free use period, and Appendix 6 [Presumption 6] states the annual water dynamics related to the instant project on the basis of the revised harbor development plan implemented by the Ministry of Oceans and Fisheries in

(The unit is the unit indicating 20 feet in length, 8 feet in height, 8 feet in width, 8 feet 8 feet in width, and 8 feet in the business facility of this case.) The defendant started the operation of the business facility of this case from July 1, 2009 to September 23, 2008, and entered into a management and operation consignment agreement with the plaintiff on December 11, 2008, under which the plaintiff entrusts the management and operation of the business of this case to the plaintiff on September 23, 2008.